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  Terms & Conditions and related Policy's

Terms & Conditions - This page was last updated: 25th May 2018

Umbrella Host Terms & Conditions

This Agreement ("Agreement") tells you the terms and conditions ("Conditions") that govern the provision and supply of the services ("Services"), to the client ("Client") of Umbrella Host as described on our website https://www.umbrella-host.co.uk, which is a trading name of Umbrella Interactive Ltd ("Company").

Our primary services are a domain name registration and renewal service https://www.umbrella-host.co.uk/domain-names/ ("Domain Registration and Renewal Service") and/or our website hosting services https://www.umbrella-host.co.uk/web-hosting/ ("Hosting Service") and/or https://www.umbrella-host.co.uk/reseller-hosting/ ("Reseller Hosting Service") ,https://www.umbrella-host.co.uk/servers/ ("Server & VPS Hosting Service").

The Conditions, as defined below, explain Umbrella Host's responsibilities to the Clients and the Client's responsibilities to Umbrella Host and to other users of the internet. The Conditions in particular outline what Umbrella Host considers to be unacceptable use of the hosting service ("Hosting Service") by its Clients. Umbrella Host reserves the right to suspend or cancel a Client's access to any or all services provided by Umbrella Host when Umbrella Host decides that the account has been inappropriately used or otherwise.

Please read these terms and conditions carefully before ordering any Services from our website. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.

Please read through these terms and conditions carefully.

Our business is continually evolving and as such we reserve the right to change our Terms and Conditions as and when necessary. It is your responsibility to ensure that you are up to date with all of our T&Cs. We will, however, notify you of any prominent changes we feel you need to be pro-actively made aware of.

By signing up for and/ or otherwise accessing any of the services or products offered by Umbrella Host you agree to be bound by all the Terms and Conditions listed here. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven (7) working days, beginning on the day after you received the Acceptance Confirmation. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.

INFORMATION ABOUT US

www.umbrella-host.co.uk is a site operated by Umbrella Interactive Limited ("we", "us" and "our"). We are registered in England and Wales under company number 07160269 and have our registered office and trading address at 15 Water St, Rochdale, Lancashire OL16 1TL. Our VAT registration number is: GB - 126932508

DEFINITIONS:

ACCOUNT OWNERSHIP

Clients are to possess full control of the account until such time as they cancel or otherwise not comply with the Conditions.

ACCEPTANCE EMAIL

Umbrella Host is not obligated to accept any client until such time as Umbrella Host transmits an acceptance email acknowledging service.

ADDITIONAL SERVICES

Umbrella Host provides additional services such as the "Extended Services" or any other service at the sole discretion of Umbrella Host and Umbrella Host is not obligated in anyway to accept or otherwise render additional services.

AGREEMENT

The agreement does not commence until both parties have exchanged information pertaining to billing data, contact data, and Umbrella Host has accepted the client with an acceptance email.

AGREEMENT DATE

The agreement date is set when the acceptance email has been issued to the client by Umbrella Host.

CLIENT

Clients are defined as an individual real person or entity or company whose information is provided to Umbrella Host in the order process.

BACKUP DATA

Unless Umbrella Host has expressly in writing agreed to the contrary, clients are solely and entirely responsible for their data. In NO way can Umbrella Host be held responsible for management and backup of client data, updates, upgrades, and any form of patches to any software that the Client uses in connection with the services provided by the Company.

FEES

The client agrees to pay all Fees relating to services provided by the Company which are indicated in the order process which is carried out at https://www.umbrella-host.co.uk

NETWORK TRANSFER

The network transfer is indicated in the client control panel on a graphical or textual basis. Umbrella Host cannot be held accountable for the accuracy of this as this is only a computerized estimate on the amount of network transfer. Clients agree to pay any overage that they may have utilized in the parameter of a month.

RESELLING OF SERVICES

All accounts (excluding specific reseller accounts) are to be used by the primary account owner only, and do not allow the holders to resell, store, use as a backup server/service or give away web-hosting services of their website to other parties.

Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.

Umbrella Host reserve the right to suspend access or terminate the account in the case of repeated or serious violations of this contract, of any infringing hosting accounts and/or to the automated management facilities of the eMarketing or eCommerce API (Application Programming Interface) account including if a Client's use is deemed to be affecting the platform. Access may be reinstated at Umbrella Host's sole discretion, pending investigation.

SERVICE

Umbrella Host's services include, but are not limited to:

  1. Any act of setting up, starting, setting up, connecting, maintaining, and preparing clients accounts, including all billing data, and space on the server provided by Umbrella Host
  2. The use by clients or members of clients that access was provided to by Umbrella Host, of software, hardware, telecommunications, information and not limited to any other materials provided clients by Umbrella Host.
  3. Any act of service by Umbrella Host to clients, relating to domain name registration, web hosting, including and not limited to technical support, and server usage regardless of the duration and status of the account.
  4. Any access or use related to Umbrella Host's site, including the website itself.
  5. Any other service provided by Umbrella Host to clients, whether utilized or not.
TERM

The duration of time chosen by the client when the client signs up for services at https://www.umbrella-host.co.uk website.

UPGRADES

This means an upgrade to Services by making available to the client additional website storage and Data Transfer limits to meet the predefined packages offered by Umbrella Host. This upgrade contain Fees which are associated with upgrades and can be found on the Billing Policy.

SPACE LIMIT

The space limit is associated with the amount of space that was initially chosen by the client for services started on the Agreement Date.

CONSTITUTION OF CONTRACT

For the avoidance of doubt, the terms of this Agreement are not binding on Umbrella Host unless and until Umbrella Host sends confirmation of it's acceptance to the Client in the form of the Acceptance Email.

Umbrella Host may change the Conditions at the sole discretion of the Company. In such an event, reasonable notification will be given by the Company by providing a revision date on the newly posted Conditions on Umbrella Host's Web Site. It is the responsibility of the Client to regularly check for any such updates. Following such notification, if the Client does not wish to accept such changes, the Client may terminate the Agreement at any point within twenty-four hours of notification of the change by providing written notice of termination to Umbrella Host. If the Client continues to use the Services more than twenty-four hours following any changes having taken effect, such use of the Services will be deemed to constitute acceptance of any changes and the Client will be bound by any new terms for the remainder of the Term.

Umbrella Host and Client agree that Umbrella Host is solely acting as a common carrier in its capacity of providing Services hereunder, is not a publisher of any material or information, and has no right to edit or censor the material at the server level in use by the Client. The Company is not responsible nor pre-approves any of the Client's web site content. All material submitted by Client for publication will be considered publicly accessible. Umbrella Host's publication of material submitted by Client does not create any express or implied approval by Umbrella Host of such material, nor does it indicate that such material complies with the terms of this Agreement.

Umbrella Host cannot and does not take any responsibility for the security of information transmitted over Umbrella Host's facilities. Additional details on privacy and Umbrella Host's use of Client information can be found in Umbrella Host's Privacy Statement located at: https://www.umbrella-host.co.uk/privacy-policy/

CLIENT LIABILITIES

The Client represents that it has the power and authority to enter into the Agreement and that in using the Services it will comply with this Agreement, any applicable legislation or license and, in particular, applicable data protection legislation.

By placing an order through our website, you warrant that; you are legally capable of entering into binding contracts; and you are at least 18 years old. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

The Client is responsible in all respects for the content of the client Web Site and hereby asserts that the pages displayed on the Client web site do not and will not violate any applicable law or the trademark, copyright, or other intellectual property rights of any third party, and that it shall at all times comply with the Conditions, the provisions of which are hereby incorporated into the agreement as if the same were set out in these conditions.

The Client is responsible for keeping all identification details, password details and other confidential information relating to the Services safe and secure and will notify Umbrella Host immediately of any unauthorized use of the services or any breach of security, loss, theft or disclosure of and identification details, password details or confidential information.

The Client shall obtain and be responsible for obtaining and complying with all necessary permissions or consents in respect of any works that it includes on the pages of the Client web site. In addition, the Client warrants to Umbrella Host that by using the services and by hosting the Client web site, neither the Client nor Umbrella Host respectively will be infringing any third party intellectual property rights.

When submitting an order, the Client shall provide Umbrella Host with current contact information including and not limited to the full name, street address, email address, and telephone number where the service will be received. The Client must keep Umbrella Host advised of any other relevant contact details (including email addresses) which may be necessary in order that Umbrella Host can easily notify the Client of information concerning the Services.

Other than where, as part of the Services, Umbrella Host has agreed to provide Back-up Services, the Client is responsible for back-up of its own files. The Client shall be responsible for maintaining their data and will not hold Umbrella Host accountable for any data loss.

UMBRELLA HOST SERVERS MAY BE USED FOR LAWFUL PURPOSES ONLY. THE CLIENT UNDERTAKES AND WARRANTS TO UMBRELLA HOST THAT IT WILL ONLY USE THE ASSIGNED WEB SPACE FOR LAWFUL PURPOSES. TRANSMISSION, STORAGE, OR DISTRIBUTION OF ANY INFORMATION, DATA, OR MATERIAL IN VIOLATION OF ANY APPLICABLE LAW OR REGULATION, OR THAT MAY DIRECTLY FACILITATE THE VIOLATION OF ANY PARTICULAR LAW OR REGULATION IS PROHIBITED. THIS INCLUDES, BUT IS NOT LIMITED TO: COPYRIGHTED MATERIAL; TRADEMARKS; TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS USED WITHOUT PROPER AUTHORIZATION; MATERIAL THAT IS OBSCENE, DEFAMATORY, CONSTITUTES AN ILLEGAL THREAT, OR VIOLATES EXPORT CONTROL LAWS. ADDITIONALLY, IN PURCHASING UMBRELLA HOST'S SERVICES, ALL UMBRELLA HOST'S CLIENTS CERTIFY THAT THEY AND/OR THE ORGANIZATION THEY REPRESENT IN PROCURING SERVICES FROM UMBRELLA HOST ARE NOT, NOR HAVE BEEN DESIGNATED, A SUSPECTED TERRORIST AS DEFINED; ARE NOT OWNED OR CONTROLLED BY A 'SUSPECTED TERRORIST'; AND ARE NOT ON, ARE NOT A MEMBER OF, RELATED TO, ASSOCIATED WITH, OR CONTROLLED BY ANY ORGANIZATIONS WITH TERRORIST LINKS.

COMPANY'S RIGHTS AND OBLIGATIONS

Umbrella Host shall use reasonable endeavors to perform the services and shall, as soon as reasonably practicable following receipt of an Order, provide the Client with a user identification, password for the web space and web site support details. Umbrella Host accepts no liability in respect of any loss incurred as a result of disclosure of the Clients' password.

Umbrella Host gives no warranty that access to its Server(s) and the Client's web site shall be uninterrupted or error-free. For the avoidance of doubt, any standards relating to the availability of the Services contained in the standards of service are targets. While the Company shall use reasonable endeavors to achieve the targets, any failure by Umbrella Host to achieve the targets shall not constitute a breach of contract. Umbrella Host accepts no liability for any loss whatsoever suffered by the Client, in the event that the services are interrupted, are not error free or if Umbrella Host fails to achieve any targets as setout in the standards of service.

During the term of the agreement, Umbrella Host shall make available to the Client the web statistics. Umbrella Host shall use reasonable endeavors to ensure that the web statistics are accurate but the Company accepts no liability for any loss whatsoever, suffered by the Client, as a result of its reliance on the content of the web statistics.

By submitting an order the Client provides Umbrella Host with certain personal information or data. It is the responsibility of the Client to keep the personal data provided to Umbrella Host up to date. Umbrella Host will comply with all applicable data protection legislation. Any personal data will not be passed to third parties without the prior consent of the Client other than as set out below. If the Client breaches the Agreement or otherwise jeopardizes or compromises the integrity of Umbrella Host's network, Umbrella Host may take whatever steps it considers appropriate, to investigate and resolve any such matter. Without limitation, the Client authorizes Umbrella Host to use the Client's personal data and other information relating to the use of the Services in connection with any such investigation, including by disclosing it to any third party which has a legitimate interest in any such investigation or outcome.

The Client may be subject to a standard credit check. The information that the Client provides may be disclosed to a licensed credit reference agency which will retain a record of the search, and the Client authorizes Umbrella Host to make such disclosures.

PAYMENT OPTIONS

In order to streamline our accounting procedures and keep costs down Umbrella Host currently runs a limited number of payment options.

CREDIT / DEBIT CARDS:

Umbrella Host accepts MasterCard, Visa, Visa electron and Switch/Maestro and all payments are authorised by either MasterCard secureCode service and/or the Verified by Visa service.

CHEQUE PAYMENT:

This option is only available to business Clients who pay annually for their Umbrella Host account. A credit/debit card number will still be required if Clients require the facility to purchase domains and other services on-line. Umbrella Host cannot guarantee that a service will be provided until after any received cheque's have been cleared and available in our bank account.

DOMAIN NAMES

Where the service includes registration of one or more domain names, the Client agrees to be subject to Umbrella Host's Domain Names Registration Service Conditions of Use. Throughout the course of Service rendered to Client by Umbrella Host, Client will remain the full owner and controlling entity for the Client's established domain name. Registration and modification of domain name status, including name server location, is handled by independent domain name registrars. The Company reserves the right to amend and/or update the Domain Names Registration Service Conditions of Use from time to time. A copy of the current version of the Domain Names Registration Service Conditions of use is available on request.

ORDER PROCESS

The Client understands that company will collect information relevant to the hosting purchase. The client also understands that Umbrella Host will fraud screen every order to ensure it is a valid hosting purchase. Umbrella Host will be the sole arbitrator that decides if order is accepted or not. During the checkout process the client understands that Umbrella Host has the right to record the clients IP address and any other vital information that is needed to ensure a successful order is placed.

BILLING POLICY

After placing an order, you will receive an e-mail from us confirming your order and, if appropriate, letting you know that the Hosting Service you have purchased has been accepted and activated ("Acceptance Confirmation"). Your order constitutes an offer to us to buy our Services and all orders are subject to acceptance by us. The contract between us ("Contract") will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.

The Client shall pay to Umbrella Host the Fees on either monthly (1 month) or annual (12 months) basis, using one of the methods as specified in the order form and in the billing policy. Payment will be due on the date as specified on the invoice or in the case of payment by credit card or direct debit, such date as advised to the Client by Umbrella Host ("Anniversary Date").

All charges of Umbrella Host are exclusive of any VAT, for which the Client shall be additionally liable at the applicable rate from time to time. Clients will automatically be charged again at the end of their prepay period unless confirmation of the wish to close has already been received.

If payment is not made on the Anniversary Date and or In situations where the card number on file is declined Umbrella Host will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Umbrella Host reserves the right to suspend other services until the outstanding debt is cleared. Umbrella Host shall be entitled, without limiting any other rights it may have, to charge a £40.00 late fee to the outstanding amount. Umbrella Host shall also be entitled to recover all of its costs of collection including, but not limited to, solicitors Fees. Umbrella Host shall be entitled to review the Fees, from time to time, and shall notify the Client of any increase in the Fees. Following such notification, the Client shall be entitled, within 7 days of such notification, to terminate the Agreement with immediate effect. Any use of the Services by the Client following such notification will deemed to be acceptance of the new Fees and will act as a waiver of the Client's right to terminate.

In the event that any additional / Extended Services are provided to the Client, the Client shall be obliged to pay any increased Fees which shall be applied from the date that such Extended / Additional services are provided.

The Client is responsible for all money owed on the account from the time it was established to the time that the Client sends a written cancellation request.

You are required to have a valid credit/debit card and email address registered on your account at all times, failure to do so may result in suspension of your account.

No bills or invoices will be sent by regular mail. All invoices will be sent directly to Clients via email shortly after the online purchase has been made. At this point the Client's card will be charged automatically.

All payment's are in UK sterling. All prices displayed are shown excluding UK VAT if applicable.

MONEY BACK GUARANTEE

The 30 day Money Back Guarantee only applies to new Clients and new shared hosting accounts. Refunds will not be given for Domain Registrations, FREE Web Hosting, Dedicated Server, VPS Plans, Ecommerce, Emarketer or Reseller plans -- the 30 day money back guarantee does not apply. We reserve the right to refund a pro-rated amount or no refund at all. Refunds are only available for PayPal and Credit Card payments. Refunds will not be issued for invoices paid from a credit balance in any circumstances.

FREE WEB HOSTING

The main condition of Umbrella Host providing free web hosting is that you pay the £20 setup fee. Free Windows and Linux Web Hosting includes a .co.uk domain. Domain renewals are not included in the promotional offer. For .co.uk domains registrations, the period of registration with the offer is 2 year after which standard renewal fees are applicable.

Umbrella Host reserve the right to end this offer or amend these terms and conditions at any time without prior notice. Reasonable usage applies.

If you do not already own a domain name you can choose a free .co.uk domain with the windows or linux package when you sign up. Domain names must be renewed with Umbrella Host to benefit from the Free web hosting offer otherwise your hosting account will be terminated.

Only 1 free web hosting account is available per Client. Existing Clients requiring further hosting packages must choose from our paid hosting packages as required.

Any abuse of our free hosting package signup's and usage will result in immediate suspension and/or termination without further notice.

FREE Web hosting is subject to our acceptable use policy and all other terms and conditions as stated.

14 DAY TRIAL

For Clients opening their first account the initial 14 days are available on a trial basis. Clients will not be entitled to this benefit if they have previously had an account with Umbrella Host unless the period of absence has been greater than two years. New Clients will not be entitled to a trial period if any account has previously been created at the same postal address within the same 12 month time span.

The 14 day trial does not apply to our Domains, Email Marketing, Ecommerce , Search Marketing VPS or Dedicated Server offerings.

SERVICE UPTIME

Umbrella Host's target uptime for the Service is 99.9% of the time in every calendar month and Umbrella Host provides you with a 99.7% Critical Services Uptime Guarantee.

"Critical Services" means the email services, web hosting services, DNS services, and the Umbrella Host network.

"Down Time" means periods of time that the Critical Services are not functional and available to Umbrella Host Clients and does not include any period of time during which services are not functional or available as a result of: maintenance, scheduled or otherwise, performed by Umbrella Host; third party intrusions, including without limitation denial of service or similar attacks; downtime resulting from misuse by End-Users (as defined in the Terms of Use) errors or non-performance of third-party software, including without limitation, Microsoft Access, .asp, .jsp, Cold Fusion or Miva Merchant; or any event that is not within Umbrella Host's control.

DEDICATED SERVERS

The following terms and conditions apply to the Dedicated server service:

Payment

If charges relating to your dedicated server (or any additional products associated with the server) are outstanding for a period greater than 5 working days, your service will be suspended and furthermore, Umbrella Host will refer the account to a debt collection agency and inform credit reference agencies. This may seriously affect your ability to obtain credit in the future.

All dedicated servers purchased after 25 May 2013 are subject to a 12 month minimum contract term.

Service level agreement

At Umbrella Host we aim to deliver the highest possible levels of up-time. If our internet connectivity fails to meet the 99.9% up-time guarantee for your server,then you'll be eligible to claim a refund of one day's service fee for every hour that your server is unavailable. Contact us via the support website should you require any additional information.

Please note: 99.9% uptime guarantee does not include scheduled maintenance - normally conducted outside of working hours.

If we can't fulfil this service level agreement, any compensation will be limited to the total fees that you have prepaid, excluding setup fees.

Umbrella Host will refund no more than your monthly service fee.

REFUNDS

Fees charged on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.

Clients will only be entitled to a refund when the service is within a trial period, or where the service is cancelled by Umbrella Host.

In the event that Umbrella Host cancels the Client's service, the Client will be entitled to a pro rata refund based upon the remaining period of membership. If a Client contravenes Umbrella Host's Terms of Service a refund may not be issued in the event of a cancellation.

Clients who cancel during the initial 30 day trial period will only be entitled to a full refund for their hosting fees, but will not be entitled to a refund for any additional services purchased. Any incentives offered to Clients when opening the account will also be cancelled. Clients may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

Domain Name registrations and credits are non-refundable as they enable the purchase of domain names at discounted prices, based on an up-front commitment.

CHARGEBACKS

Any Client withdrawing payments via bank or credit card (a "chargeback") may be subject to a punitive fee of £50, should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the card issuer.

CONTRACT TERMS

All hosting, email marketing, dedicated server and VPS server accounts are subject to a 12 month minimum contract term unless otherwise stated.

TERMINATION

The Agreement shall continue in force for the Term provided that the Client shall be entitled to terminate the agreement at any time after the minimum period of which they have signed up for by giving to the Company not less than 7 days written notice of termination, using the cancellation form inside of Client's billing area or by emailing us and requesting a cancellation form and providing us details of the account/package to close, including the account Owner Password for verification. Clients will be required to complete a Closure Confirmation form, authorizing the permanent removal of all website and email services on the account, from our system.

On receipt of a completed Closure Confirmation form, the account will be scheduled to close. Umbrella Host will acknowledge the closure by sending an email to the email address registered on the account.

If Umbrella Host do not receive the completed Closure Confirmation form within 7 days of sending, the cancellation request will be discarded and the account/package will remain open.

Any incentives that were offered to Clients when opening their account will also be cancelled. Clients may be given the option to purchase services which were offered as start-up incentives, in the result of a cancellation.

Umbrella Host reserves the right to cancel these service at any time.

Either party shall be entitled forthwith to terminate this Agreement by written notice to the other if :-

That other party commits any breach of any of the provisions of the agreement and, in the case of a breach capable of remedy, fails to remedy the same within thirty days after receipt of a written notice giving particulars of the breach requiring to be remedied; or an encumbrance takes possession or a receiver is appointed over any of the property or assets of that other party; that other party makes any voluntary arrangement with its creditors or becomes subject to an administration order; that other party goes into liquidation or becomes bankrupt; the other party ceases or threatens to cease to carry on business or anything analogous to the foregoing under the law of any applicable jurisdiction occurs in relation to that other party.

Upon termination of the agreement for whatever reason, Umbrella Host shall delete all of the Client's data from its Server without any liability whatsoever.

Termination of the Agreement shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision on or after such termination.

Upon termination of the agreement for whatever reason all due or outstanding Fees and expenses owed by the Client to Umbrella Host shall forthwith become due and payable, unless otherwise indicated in the Billing Policy.

The client understands that if he / she have purchased a domain via the company, and are canceling the account prior to the completion of one (1) year of service. That Umbrella Host has the right to charge the Client; £15.00 for the domain name, and refund the residual funds in the account.

The client understands that if he / she has requested a "Transfer Request" where files are moved for the Client by Umbrella Host that Umbrella Host will charge £40.00 for the transfer of files if the client decides to terminate before the end of their anniversary date.

The client understands that violation of any provision of this TOS (Terms of Service) agreement will waive the refund policy and possible future service.

TRANSFER OF OWNERSHIP

The person named as administrative contact at the time the 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). 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.

For further details and to action any transfer of ownership please login to your Umbrella Host control panel.

AGENTS AND LICENSES

You agree that in the event you register a domain name for another entity, you represent that you have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.

You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration.

In any circumstance where you are registering a domain for a third party, you agree that you must (in advance):

  1. Make your customers aware of the charges associated with domain name registration, renewal and maintenance.
  2. Give details of the domain name related services you provide, which are relevant to this customer, information on how to invoke the service, any charges payable and how long you take to carry out the service.
  3. Make your customers aware of changes to your charges.
  4. Detail the method, availability and cost of customer service provided.
  5. Act quickly after getting a request from your registrant to take some action for them; and
  6. Update their details soon after you know that the current ones are out of date or wrong.

Registrant Data

You must not knowingly provide poor quality Registrant data. If you find out that a Registrant has provided poor quality data you should attempt to correct the data.

Consumers are currently allowed to opt-out of providing their postal address on the WHOIS. You should take reasonable steps to ensure the opt-out is used correctly and not set this field to default to opt-out unless you can show that all your Registrants are consumers.

If you receive a request to register a domain name for a customer you must register the domain name in your customer's name. You may only register the domain name in your or your organisation's name with the explicit prior written consent of your customer.

You agree that if you register a domain on behalf of a third party, Umbrella Host can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry.

DOMAIN NAMES

The following terms and conditions apply to the domain registration service:

GOVERNING BODIES

Umbrella Host has been granted the right to provide Internet domain registration services for second-level domain names within the .com, .org, .net, .co.uk, .mobi, .eu, .org.uk, .ltd.uk and .plc.uk top-level domains.
ICANN oversees the .com, .org, .mobi and .net top-level domains. Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID oversees the .eu top-level domain.
Upon Umbrella Host' receipt of domain name registration information from you, Umbrella Host shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. OpenSRS and Enom Inc. currently acts as the registry administrator for the .com, .mobi, .org, and .net top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID acts as the registry administrator for the .eu top-level domain.

SELECTION OF A DOMAIN NAME.

You represent that, to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.

If you are registering your name during the finite period of time when owners of trademarks and service marks issued prior to October 2, 2000 and having national effect will have the exclusive opportunity to register identical domain names ("Sunrise Period"). You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted for a minimum registration term of five (5) years.

By registering or renewing a .uk top-level domain and agreeing to these terms & conditions, you agree that you have read and agree to the terms & conditions of Nominet, If you are registering the domain for a third party, you agree that they have read and agree to the Nominet T&Cs as well.

.name RESTRICTIONS.

Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

FEES

As consideration for Umbrella Host providing domain name registration services to you, you agree to pay Umbrella Host, prior to the approval of the desired domain name registration, the amounts set forth in the Umbrella Host Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.

Your application will not be registered until Umbrella Host receives actual payment of the registration fee. If Umbrella Host does register a domain name prior to payment of the registration fee, Umbrella Host reserves the right to cancel that registration or restrict use of the domain name until payment has been received.

All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.

In the event of a charge back by a credit card company or other payment provider authorized by Umbrella Host, the domain name registration shall be transferred to Umbrella Host as the paying entity for the registration. Umbrella Host may reinstate your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently UK £150.

Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge accordingly.

We reserve the right to make an administration charge of £20 per domain where customers have attempted to register a domain name with multiple registrars. Domain transfers away from Umbrella Host are currently charged at £15 per domain to cover administration costs and are non-refundable. All free services associated with the said domain name will be terminated with immediate effect.

TERM

This Agreement shall remain in full force during the length of the term of your domain name registration(s) 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 shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.

To ensure your domains are not lost we operate a positive renewal system on all our domains - your domain will automatically renew for the term it was registered for unless you opt-out of this service through your control panel. This is not refundable and it is your responsibility to ensure valid contact and payment details are on your account at all times - failure can lead to suspension.

Umbrella Host's domain renewal process is automated, however, it is your responsibility to check that your renewal has been successful within one month of the renewal date. For .uk domains you can do this using Nominet's WhoIs search, and for all other domains we recommend using the http://www.whois.org/ website domain lookup facility.

DISPUTE POLICY

You agree to be bound by the Umbrella Host Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found at the end of this document.

The Dispute Policy governs any dispute between you and any party other than us over the registration and use of the domain name. The specific disputes which are subject to the Dispute Policy are contained in the Dispute Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party.

You also agree that in the event a domain name dispute arises with any third party, you shall indemnify and hold Umbrella Host harmless pursuant to the terms and conditions contained in the Dispute Policy.

CHANGES TO REGISTRATION AGREEMENT AND DISPUTE POLICY

You acknowledge and recognize that the domain name system and the practice of registering and administering domain names are continuously evolving, and acknowledge and agree that Umbrella Host may modify this Agreement and the Dispute Policy as necessary from time to time to comply with any agreements by which Umbrella Host is or will be bound, and to adjust to changing business circumstances.

Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.

CONTACT WITH UMBRELLA HOST

You acknowledge and recognize that all contact with Umbrella Host in the first instance should be made via our support website: https://www.umbrella-host.co.uk/billing/

You agree that Umbrella Host is not obliged to offer telephone support specifically for your Domain Name.

DOMAIN NAME REGISTRATION INFORMATION AND ITS USE Information you are required to Submit

As part of the registration process, you are required to submit to Umbrella Host and keep updated the following information in connection with your application for domain name registration:

  1. the domain name to be registered;
  2. the domain name holder's name and mailing address;
  3. the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and
  4. the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.
You shall provide and maintain updated information at all times with Umbrella Host. Umbrella Host at its discretion may refuse to renew any registrations unless you maintain current and updated information at all times.

Umbrella Host may from time to time request additional information from you. While not obligated to provide the additional information, you should provide the additional requested information to ensure that you will obtain all the products and services which Umbrella Host makes available to domain name registrants.

Additional Information Maintained about your Registration

In Addition to the information you provide, we maintain additional information relating to your domain name registration, including:
  1. the original creation date of the registration;
  2. the date and time the registration application was submitted to us and the appropriate registry;
  3. communications constituting registration orders, modifications, or terminations and related correspondence;
  4. records of account for your domain name registration, including dates and amounts of all payments and refunds;
  5. the IP names and address of the primary name servers and any secondary name servers;
  6. the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;
  7. the name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name;
  8. the expiration date of the registration; and (i) other information regarding all other activity regarding your domain name registration and related services.

Obligations Relating to Data Provided by You

If in registering a domain name you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement.

DISCLOSURE AND USE OF REGISTRATION INFORMATION

You agree to authorize Umbrella Host to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree Umbrella Host may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through Umbrella Host's WHOIS service or for any purpose as required or permitted by ICANN and applicable laws.

In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that Umbrella Host may or must make available to the public or to private entities, and the manner in which such information is made available.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action you may have arising from such disclosure or use of the domain name registration information.

We will not process any data about any identification natural person that we obtain from you in a way incompatible with the purpose and limitations described 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.

OWNERSHIP OF DATA

You agree and acknowledge that Umbrella Host owns the following:

  1. all database, compilation, collective and similar right, title and interests worldwide in the domain name database;
  2. all information and derivative works generated from the domain name database; and
  3. information for the registrations for which Umbrella Host acts as the registrar including:
  4. the original creation date of the registration;
  5. the expiration date of the registration;
  6. the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;
  7. remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
  8. other information generated or obtained in connection with the provision of domain name registration and management services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary nameservers.

Umbrella Host does not have any ownership interest in your specific personal registration information outside of your right in our domain name database.

SPECIFIC TLD REGISTRATION AGREEMENTS

Terms and conditions for .UK domain names.
Terms and conditions for .TV domain names.
Terms and conditions for .BIZ IP claims.
Terms and conditions for .NAME domain names.

LIMITATION OF LIABILITY

You agree that Umbrella Host shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if Umbrella Host has been advised of the possibility of such damages, and in particular Umbrella Host will not be liable for the following:

  1. suspension or loss of your domain registration;
  2. use of your domain name registration;
  3. interruption of your business;
  4. access delays or interruptions to any web sites accessed by your registered domain name;
  5. non-delivery, mis-delivery, corruption, destruction, or modification of data;
  6. events beyond the reasonable control of Umbrella Host;
  7. processing of an application for domain name registration; or
  8. application of the Dispute Policy.

Umbrella Host shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to your application, receipt of, or failure to receive a domain name registration.

Umbrella Host's maximum aggregate liability shall not exceed the greater of:

  1. the total amount paid by you for registration of the domain name; and
  2. £50.00 (UK Pounds).
INDEMNIFICATION OF UMBRELLA HOST

You agree to defend, indemnify and hold harmless Umbrella Host and the registry administrator, including our and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs ( including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  1. all information provided in connection with your domain name registration is accurate; and
  2. neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.

You acknowledge and agree that all domain name registration services provided to you by Umbrella Host are provided on an "as is" basis. Umbrella Host makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. Umbrella Host makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.

BREACH AND REVOCATION

Umbrella Host reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:

  1. you materially breach this Agreement;
  2. you use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
  3. you use your domain name in connection with unlawful activity;
  4. grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement; or
  5. you use your domain name in connection with material that is slanderous to Umbrella Host or other associated companies.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Umbrella Host) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by Umbrella Host, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.

You also agree that Umbrella Host shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Umbrella Host receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

You acknowledge and agree that:

  1. providing inaccurate information;
  2. failing to update information promptly; or
  3. failing to respond to Umbrella Host' inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request;

shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

GENERAL

Entire Agreement.
This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.

Amendment in Writing.
This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Umbrella Host.

Further Assurances.
The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.

Relationship of the Parties.
Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

Joint and Several Obligations.
If any party consists of more than one entity, their obligations here under are joint and several.

No Third Party Beneficiaries.
This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

Severability.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Umbrella Host will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Umbrella Host as reflected in the original provision.

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

ACCEPTABLE USE POLICY/CONTENT

All services provided by Umbrella Host may only be used for lawful purposes. The laws of the United Kingdom apply.

The Client agrees to indemnify and hold harmless Umbrella Host from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@umbrella-host.co.uk with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

Top sites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s) ,Prime Banks Programs, Lottery Sites, MUDs/RPGs/PBBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro

Examples of unacceptable material on all Virtual Dedicated servers include:

IRCD (irc servers), IRC Scripts/Bots, Pirated Software/Warez, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/spam Scripts, Escrow, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro

Umbrella Host services, including all related equipment, networks and network devices are provided only for authorized Client use. Umbrella Host systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Umbrella Host system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@umbrella-host.co.uk and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct Clients: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

SPAMMING

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Umbrella Host's clients. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on Umbrella Host's server(s), and selling or distributing software (on a web site residing on Umbrella Host's server(s)) that facilitates spamming. Violators will face an immediate £250.00 penalty and a service suspension. Umbrella Host reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a news group posting.

CHAT PROTOCOLS

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Umbrella Host's clients. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on Umbrella Host's server(s), and selling or distributing software (on a web site residing on Umbrella Host's server(s)) that facilitates spamming. Violators will face an immediate £250.00 penalty and a service suspension. Umbrella Host reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a news group posting.

SERVICE PLATFORMS

Unless specifically indicated Umbrella Host will not be held accountable for the upkeep of Virtual-Private Servers (VPS) and Dedicated Servers, unless the client has agreed.

If a client turns his functioning VPS into an un-functioning VPS by installing or modifying the VPS from its original state (how it was first provided) the client will be responsible for the upkeep and functionality of the VPS. If the client is unable to resolve the issue himself he may contact Umbrella Host for basic troubleshooting assistance. If the VPS is deemed unfixable by the client and the company, the VPS can be rebuilt (back to its original state, like when it was first issued) for a set fee of £50.00 by Umbrella Host.

VIRUSES

Use of Umbrella Host's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Client to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Umbrella Host's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

TRANSFER & DATA LIMITS

When submitting an order, the Client will select the type of services which it requires and in particular the Client will specify, from the available options, the level of Web Space sought. Depending on the type of Services selected and in line with the amount of web space required the Client will also be subject to an appropriate web space limit, data Transfer Limit and in certain circumstances a database capacity limit ("the limits"). In the event that the Client, during the term, exceeds its allocated limits, Umbrella Host will be entitled to do the following:-

Where the Client is exceeding any one of the limits Umbrella Host shall inform the Client of this by email ("Initial Email"). The Initial Email shall request that the Client rectify the situation by either complying with the Limits or by requesting an upgrade within a period of 7 (seven) days from the date of the Initial Email. In the event that the Client fails to request an upgrade and continues to exceed any one of the limits at the end of the 7 day period, Umbrella Host may automatically apply an upgrade to the Client's Services at Umbrella Host. Such upgrade will occur no sooner than 7 days following the date of the Initial Email. Once an upgrade has been effected the Client will be liable to pay any additional Fees to Umbrella Host as applicable as stated in the billing policy.

Where the Client is exceeding either the web space limit or the database capacity limit, Umbrella Host shall be entitled to limit the account. The Client will be notified of such limitations by email. Following such limitation, the Client shall contact Umbrella Host to advise whether it wishes to request an upgrade or remedy the situation by complying with either the web Space Limit or Database Capacity limit. During any such period of limit and for the remainder of the term, the Client will be liable to pay to Umbrella Host all Fees due.

The Client understands and agrees that allotted bandwidth applies only towards websites content. Websites content defined as; php, html and other reasonable sized content.

Umbrella Host strongly prohibits storage of content that is not "web" related. Excessive usage of hosting accounts for purposes such as; Anime, Manga, Movies, MP3, Torrents and/or File Downloads, will result in account suspension or termination.

The client may not use the companies shared hosting accounts for upload sites. Upload sites cause stress on the servers, which can result in issues (such as service failure(s)) for other clients. If a client seeks an upload site (such as imageshack.com), then client will need to use a Dedicated Server or a similar type of service, where he / she is isolated from other clients on the server.

Database Usage

If you exceed the limits on our database products (MySQL) then we will automatically charge you for the additional space you use at our current prices. For example if you have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.

HIGH RESOURCE USER POLICY

Resources are defined as bandwidth, processor utilization or disk space. User may not: Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

Run any software that interfaces with an IRC (Internet Relay Chat) network.

Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

Participate in any file-sharing/peer-to-peer activities

Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

Use an SSH Tunnel through the Umbrella Host Servers.

Umbrella Host may implement the following policy to its sole discretion:

When the resources utilized by a Client in using a service are abnormally high, Umbrella Host reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Clients may be offered an option whereby Umbrella Host continues supplying the service under a reduced usage criteria specified by Umbrella Host. Failure to comply with such measures may result in your service being terminated.

BANDWIDTH USAGE

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

UPLOADS VIA SCRIPTING LANGUAGES

We limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.

RESOURCE USAGE LIMITS

The Client must not:

Use 25% or more of system resources for longer then 90 seconds. Applications include: FTP, PHP, HTTP, CGI, PERL, and others.

File sharing on Umbrella Host's network is forbidden, this includes peer-to-peer actives.

Run any sort of software that interfaces with an IRC (Internet Relay Chat) network.

Run any stand-alone, unattended server-side processes at any point in time on the server.

This includes any and all daemons, such as IRCD.

Run CRON entries with intervals of less than 15 minutes

EMAIL

The following terms and conditions apply to Umbrella Host email services.

SIZE OF MAILBOX

Each mailbox has a storage quota. This is in place to protect your account and others from potentially large volumes of email sent to a single address that could materially affect the email system server. Additional storage can be purchased though your control panel. It is the mailbox owner's responsibility to ensure that his/her mailbox does not reach its allocated level. Umbrella Host cannot be responsible for email lost due to full mailboxes. You can check your mailbox size from your control panel.

PASSWORDS

It is the mailbox owner's responsibility to keep his/her password confidential, and to change the password on a regular basis. Umbrella Host is not responsible for any data losses or security issues due to stolen passwords. Umbrella Host recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).

TECHNICAL SUPPORT

Please see our online support site - with knowledge articles, how to articles and FAQ's. Additionally, we provide email via our online support desk - details can be found at www.umbrella-host.co.uk/billing/

CONTROL PANELS AND SERVER MANAGEMENT

Umbrella Host provides web-based account and server management via a control panel. This is designed to give you control over your account and the Microsoft Exchange server features. You can use your control panel to perform most of the routine account and server management tasks. Online help is available from Umbrella Host' support website.

SERVICE AVAILABILITY

Umbrella Host monitors the server as a whole but does not monitor individual mailboxes. The Exchange server uses SMTP, a "store-and-forward" email protocol, to deliver outbound messages. This protocol does not guarantee immediate delivery of email messages. By default, the Exchange server makes a delivery attempt every ten minutes three times; after that the server will attempt message delivery every fifteen minutes. If there is no successful delivery attempt within twelve hours, a delay notification will be emailed to the sender. If there is no successful delivery attempt within two days, the message will be returned to the sender.

SCHEDULED MAINTENANCE

To guarantee optimal performance on the servers, it is necessary for Umbrella Host to perform routine maintenance. Such maintenance often requires taking Umbrella Host Exchange servers off-line, typically performed during off-peak hours. Umbrella Host will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible.

SECURITY

Umbrella Host makes every reasonable effort to ensure mailbox security at all times. We do this through a combination of various network security policies, load balancing and redundant systems. We make every reasonable effort to ensure the integrity of data on our systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner's responsibility notify to us. We cannot guarantee to restore data and we accept no liability for the loss of any such data.

SERVER STORAGE CAPACITY

Each Exchange account is allotted an aggregated storage capacity initially equal to the total storage capacity of each mailbox. This storage capacity is shared among all mailboxes and public folders within your account; the quota cannot be exceeded. For an additional fee, you may increase your account storage capacity at any time from within the control panel.

MAILBOX AND PUBLIC FOLDER STORAGE CAPACITY

In addition to the aggregate account storage capacity, each mailbox and public folder also has its own storage limit. When the storage capacity is reached on an individual mailbox or folder, the Exchange servers shall stop sending or receiving messages. Umbrella Host is not responsible for service unavailability or data loss caused by any mailbox or folder exceeding its storage capacity. To prevent such occurrences, you can manage mailbox and public folder storage limits at any time from within the control panel.

TOP LEVEL FOLDERS AND SUB-FOLDERS

The Exchange Server retains ownership of the two top layers of the public folder hierarchy, "Public Folders", and, under that folder, the "All Public Folders". Users of Microsoft Outlook can create as many Public folders as they wish under the existing folders, and these can be of any type allowed by the Exchange server (appointment, contacts, mail, notes, journal, or tasks).

ANTI-VIRUS CHECKING

Umbrella Host installs anti-virus software on its email servers for all Advanced and Exchange mailboxes. This software is configured to check messages coming into the email server. If a virus is detected, the message is deleted. No notification is sent to either recipient or sender of the message. Messages sent between mailboxes on the Umbrella Host platform are not checked.

ANTI-SPAM MESSAGE FILTERING

Umbrella Host runs anti-SPAM software on its email servers for all Advanced and Exchange mailboxes. You can determine the levels of spam protection from within your control panel.

Umbrella Host also runs anti-SPAM software on outbound email from all mailboxes, and reserves the right to mark or delete any messages determined to be SPAM.

OWNERSHIP OF DATA

All data created or stored by you within Umbrella Host' applications and servers are your property. Umbrella Host shall allow access to such data by only authorized Umbrella Host personnel. Umbrella Host makes no claim of ownership of any web server content, email content, or any other type of data contained within the account holder's server space or within applications on Umbrella Host' servers.

Clients are responsible for backing up their email before upgrading or removing mailboxes.

FREE 30 DAY TRIAL (EXCHANGE EMAIL ACCOUNTS ONLY)

You must provide us with a valid domain name, which could be used with your email package, or register a new domain name during signup.

You may not use the same domain name for more than one free trial.

If you don't cancel your email package before the end of the 30 day free trial, we will automatically charge your credit/debit card for your first month/year's service following the trial period.

The free trial is available to existing Umbrella Host Clients, only when signing up for a new account via the www.umbrella-host.co.uk website.

USE OF EMAIL ACCOUNT

If Umbrella Host identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.

For details of what is not allowed by Umbrella Host and our spam/ illicit material policies please see our Acceptable Use Policy section of our terms of service.

EMAIL RETRIEVAL AND TIMESCALE

Umbrella Host's policy on maintaining stable data-transfer levels includes a deletion process for email as follows: (i) all mail in IMAP "Trash" folders will be deleted automatically after 7 days. Such mail is checked for nightly; (ii) if a mailbox is not accessed for 60 days, either by POP or IMAP, all mail over 90 days old will be deleted automatically. This process will be repeated nightly until the mailbox is accessed again; (iii) Root mailboxes that are not accessed for 90 days will have their quota reduced to 1MB automatically (with any existing mail over this new quota deleted). If the Root mailbox is accessed again, its quota will be increased back to the original 50MB (Root mailboxes being Standard mailboxes). Note that after 90 days, the Root mailbox will have already undergone a cleanup after 60 days of inactivity. Umbrella Host does not accept any responsibility whatsoever for any deleted mail.

EMAIL MARKETING

The following terms and conditions apply to the Email marketing:

GENERAL EMAIL RULES AND GUIDELINES

The Umbrella Host email system has been developed to enable you to communicate with email subscribers that have opted-in (i.e. expressly given their permission) to receive information from your company. You may not use any Umbrella Host product or service for the purpose of sending unsolicited email, or "Spam."

Umbrella Host respects anti-Spam laws and asks you to act accordingly. You may not use any Umbrella Host product, service or tool for purposes of breaking any law.

You must follow any posted guidelines regarding content and commercial activity limitations.

All email addresses that you use must be solely derived from permission based lists.

Umbrella Host may not be used to send emails to individuals that have not opted-in to receive information via email from your company.

All e-mail messages sent out must comply with all relevant federal and state laws and all content must not violate any federal, state law, code, or regulation, whether criminal or civil in nature.

ALL E-MAIL MESSAGES MUST COMPLY WITH THE FOLLOWING:

Message must originate from a valid from address (Umbrella Host product takes steps to verify this).

Your company name, address, city, state, post code and phone number must be clearly included.

Unsubscribe must be clearly visible (Umbrella Host Emarketer product will place an unsubscribe link in the e-mail).

Client must comply with unsubscribe requests within 7 business days. An unsubscribed e-mail address should not receive any further e-mails. You must maintain a record of all unsubscribe requests, including the day you removed the address from the subscription list. You must provide us with a copy of such records upon our request.

You agree to keep Umbrella Host informed of your valid email address at all times.

In the event that Umbrella Host.com should make any modification of this agreement, www.umbrella-host.co.uk will send you an email addressed to the email address that you have provided us. Once we send an email notifying you of a change or modification to this agreement, you agree to be bound by any such change or modification, regardless of whether you have changed your email address or actually received the email notification.

The Umbrella Host service gives its users all the tools necessary to build and maintain an opt-in email list. Umbrella Host also allows you to import existing lists of email addresses.

The email addresses that are imported must have opt-ed in to receive messages from your company. These features make it easy for users to build and use lists of opt-in subscribers and eliminate the need to send unsolicited emails. Therefore, in the event that a complaint is received or an instance reported of an unsolicited email message sent by your company using Umbrella Host, Umbrella Host will investigate claims of unsolicited email messages sent using the service.

If Umbrella Host determines that a user is employing the service to send emails to recipients who have not opted in or recipients that have unsubscribed on a prior occasion, the account will be immediately terminated.

By using our product you guarantee payment of this amount. You hereby authorize www.umbrella-host.co.uk to charge your credit card account for any such amount as is necessary to equal such charges.

Special Email Provisions

Adding New Members:

You will use a "single opt-in" or "double opt-in" (signup plus confirmation) subscription method for all new list members.

For the purpose of this Agreement, a "double opt-in" method shall mean that when you add a new member's email address to the list, that email address shall not be activated unless and until the new member receives a single confirmation e-mail from you requesting the member's consent to be added to the list, and Umbrella Host receives from the new member a confirmation action (such as a confirming e-mail from the new member's email address) approving such action.

The confirmation e-mail sent by the Client to new members may not include advertising or calls-to-action other than an appeal to confirm the member's subscription.

IMPORTING MEMBERS:

You may only import members previously obtained directly by you using the "single opt-in" or "double opt-in" (recommended) procedures described above.

You may not import opt-out members directly into your list under any circumstances.

You MAY NOT import members from co-registered or purchased sources, regardless of the confirmation status of said members.

ONE-TIME MAILINGS:

You may not use Umbrella Host for one-time mailings to a list of members after which you substantially delete the membership and create a new list.

Your membership must be a static, permanent list to which you add or delete new members and/or members subscribe or unsubscribe themselves in the ordinary course.

Failure to comply with any provision of the Umbrella Host Terms will result in an immediate termination of service, and no monies paid to Umbrella Host will be returned.

CONTENT:

Some content (both subject and body content) cannot be sent through Umbrella Host under any circumstances. This includes the following but is not limited to:

gambling, betting, lead sales, pornography/adult content, pharmaceutical, promotion or sale of products or services that are deemed unlawful within the United Kingdom.

If you are unsure about how this applies to your email content, please contact us before using the service.

USER GUIDE ELEMENTS

Umbrella Host is an opt-in email marketing system. When using Umbrella Host you must ensure that the following criteria is met for outgoing messages:

The from address is a valid email address

Your full contact information including mailing address and phone number is included in the message.

An unsubscribe link is clearly viewable in your message.

You will review and abide by all Can-Spam requirements.

You must also agree to follow standard Internet etiquette for email and spam laws which offer the following usage provisions:

You must not harvest email addresses.
You may only send out to those individuals that have given you explicit permission to email them.
You must fully comply with unsubscribe requests. Full compliance means that you do not ever email this the address unless the email address owner provides permission and rescinds the unsubscribe request.

REGARDING FUNCTIONALITY

All content, tools, functions and services provided via us are provided on an "as is" basis and we disclaim any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided by us are made.

TERMINATION OF SERVICE

We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account.

OTHER TERMS AND CONDITIONS

Force Majeure.

Umbrella Host shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.

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

Survival.
The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.

Notice.
You agree that any notice or communications required or permitted to be delivered under this Agreement by Umbrella Host to you shall be deemed to have been given if delivered by e-mail, overnight mail or UK mail delivery providers in accordance with the contact information you have provided.

Governing Law.
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of the United Kingdom.

Legal Fees.
If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

Assignment.
You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without the prior written consent of Umbrella Host However, in the event that Umbrella Host consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

COMPANY'S REMEDIES

In the event that the Client's web site is in breach of the Conditions or Umbrella Host for whatever reason decides it is necessary or in its best interests to do so (including if the Client is in breach of its obligations or fails to pay the Fees) Umbrella Host shall be entitled to:

suspend or bar access to the Client's web site until any breach is remedied or the Clients pays any outstanding Fees or for such reasonable period as Umbrella Host considers fit; and remove all or any part of the Client's Web Site from Umbrella Host's server and/or delete all or any data, files or other information that is stored on the Server on which the Client's web site is stored.

During the term of the agreement, Umbrella Host reserves the right (in its sole discretion and without prior notice) to suspend use by the Clients of any component part of the service which may be having a detrimental effect on the Services or/and on the network as a whole or adversely affect other Umbrella Host's Clients.

INDEMNIFICATION

Umbrella Host does not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise of any goods or other services supplied by a third party, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods or services to Umbrella Host.

UMBRELLA HOST SHALL HAVE NO LIABILITY TO THE CLIENT FOR ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION ARISING FROM ANY EXERCISE OF UMBRELLA HOST'S RIGHTS OR REMEDIES UNDER THE AGREEMENT INCLUDING WITHOUT LIMITATION:- (1) THE SUSPENSION OF ACCESS TO THE CLIENT'S WEBSITE (2) THE DELETION, CORRUPTION, LOSS OR REMOVAL OF DATA, FILES OR MATERIAL STORED ON THE CLIENT'S WEBSITE (3) THE REMOVAL OF THE CLIENT'S WEB SITE FROM THE SERVER; (4) ANY ACTIONS TAKEN BY UMBRELLA HOST ON INSTRUCTIONS SUPPLIED BY THE CLIENT WHICH ARE INCOMPLETE, INCORRECT, INACCURATE, ILLEGIBLE, OUT OF SEQUENCE OR IN THE WRONG FORM, OR ARISING FROM THEIR LATE ARRIVAL OR NON-ARRIVAL; OR (5) ANY OTHER FAULT OF THE CLIENT (6) LOSS OR DESTRUCTION OF DATA FROM THE USE OF EMAIL AS PART OF THE SERVICES.

Umbrella Host's clients agree to protect, defend, hold harmless, and indemnify Umbrella Host, any third party entity related to Umbrella Host (including, without limitation, third party vendors), and Umbrella Host's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Umbrella Host, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal Fees and expenses, arising out of or resulting in any from the client's use of Umbrella Host's services.

To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will Umbrella Host (including, without limitation, Umbrella Host's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, co-subsidiaries with the same parent company as Umbrella Host affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing Umbrella Host's services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expenses increase, costs of substitute products and/or Umbrella Host services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any of Umbrella Host's services even if Umbrella Host has been advised of the possibility of such damages. The Company's total cumulative liability, if any, to client, or any third party, for any and all damages, related to the Conditions, the Company's services, including, without limitation, those from any negligence, any act or omission by Umbrella Host or Umbrella Host's representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the Client for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.

MISCELLANEOUS

This agreement constitutes the entire agreement between the parties as to the subject matter of the agreement and supersedes all prior oral or written agreements, understandings or arrangements between them relating to the provision of the Services.

Umbrella Host shall not be liable to the Client for any loss arising from or in connection with any representations or undertakings made prior to the Agreement Date, unless fraudulent.

If any provision of the agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or un enforceability of such provision shall not affect the other provisions of the agreement and all provisions not affected by such invalidity or un enforceability shall remain in full force and effect. The parties hereby agree to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.

The Client shall not be entitled to sell, lease, sub-license, assign or transfer the Agreement nor all or any of its rights and obligations hereunder without the prior written consent of Umbrella Host.

Umbrella Host reserves the right to assign or sub-contract any or all of its rights and obligations under this Agreement without the client's consent.

The waiver by either party of a breach or default of any of the provisions of the Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

In the event of there being a conflict between the terms of these Conditions and the terms of a separate Web Hosting Agreement entered into by Umbrella Host and the Client the separate Web Hosting Agreement shall take precedence. Where an order has been submitted online, in the event of a conflict between the terms of the acceptance email and the terms of the Order Form, the Order Form shall take precedence.

Nothing in this agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Umbrella Host and its Clients. Each of Umbrella Host and its Clients will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Umbrella Host will not be liable for delays in its performance of the Agreement or Umbrella Host services caused by circumstances beyond the Company's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Umbrella Host will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of Clients for the payment of money due.

Any waiver, modification, or amendment of any provision of the Conditions or other agreement for the companies services, initiated by a Client, will be effective only if accepted in writing and signed by an authorized representative of Umbrella Host.

The client understands that account downgrades are charged at £15 per downgrade. This £15 fee is non-refundable and is paid as an account administration fee.

The client who has purchased Reseller hosting is responsible for supporting their Clients. Umbrella Host does not provide support to our Reseller's Clients. If Reseller's Clients contact Umbrella Host, the company reserves the right to place the client account on hold until the reseller can assume their responsibility for the Client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Umbrella Host will hold any reseller responsible for any of the Client's actions that violate the terms of service or law.

The client understands that Umbrella Host will not be responsible for moving existing reseller's Client accounts from other providers to Umbrella Host. If a reseller needs this service Umbrella Host can provide it at an additional fee, for more information please contact the support department.

Umbrella Host makes no warranties or representations that any service will be uninterrupted or error-free. You accept all services provided hereunder "as is" without warranty of any kind.

All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the services to be provided hereunder to the fullest extent permitted by law.

Umbrella Host shall not be liable for any services or products to be supplied by any third party.

Umbrella Host shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.

NOTICE

All communications with respect to the agreement shall be in English and in the case of a notice addressed to Umbrella Host, shall be delivered by hand or sent by first-class post to Umbrella Host at its registered office address. In the case of a notice addressed to the Client, it shall be delivered to such address as provided to the Company by the Client by first class post, by facsimile transmission or sent by electronic mail. Communications shall be deemed to have been received within two business days (if sent by first-class mail) and on the day on which a facsimile transmission or electronic mail is sent or on the date of service in respect of a notice delivered by hand.

INTELLECTUAL PROPERTY NOTICES

All content on www.umbrella-host.co.uk, including the logo, articles, other text and graphics are the intellectual property of Umbrella Host and protected trademark, trade dress, patent, copyright and other laws. You may not reverse engineer, decompile, or disassemble any software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

GOVERNING LAW AND JURISDICTION

The Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Umbrella Host and the Client hereby irrevocably submit to the exclusive jurisdiction of the courts of the United Kingdom. Venue for any legal proceedings hereunder shall be in the court of jurisdiction in either the County of Lancashire. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable solicitors fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable solicitors fees and costs that the prevailing party incurred prior to commencing the proceeding.

CONSTRUCTION AND INTERPRETATION

Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the Agreement.