Terms of Use

These Terms of use, the Acceptable Use Policy and any information relating to the Service/Package purchased from W3 Web Hosting forms the Agreement between Us. By signing up for the Services You warrant that You are at least 18 years old, and legally capable of entering into a binding contract; or acting with the express permission and using the payment details of a person or organization who in turn is agreeing to be bound by the terms of this contract. You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy which can be viewed http://w3webhosting.net/acceptable-us-policy

By nature of owning a W3 Web Hosting account, You accept these Terms & Conditions.

Definitions

Duration and Renewal of Services

Cancellations

Refunds

Payment

Chargebacks

Appropriate Service use

Scheduled maintenance

To guarantee optimal performance on the servers, it is necessary for W3 Web Hosting to perform routine maintenance. Such maintenance often requires taking W3 Web Hosting Services off-line, typically performed during off-peak hours. W3 Web Hosting will give You advance notice of maintenance requiring the Services to be taken off-line whenever possible by publishing notice on the W3 Web Hosting website.

Support

Reselling of Services

Database Usage

If You exceed the limits on W3 Web Hosting database products (MS SQL and MySQL) then we will automatically charge You for the additional space You use at W3 Web Hosting 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.

Data

Uploads via scripting languages and FTP

We limit uploads made via scripting languages – including PHP, ASP, ASP.NET and FTP. Uploads made using PHP are limited to 50MB per file.

Passwords

Your personal details

W3 Web Hosting Disclaimers and Warranties

Liability

W3 Web Hosting shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
Factors outside of W3 Web Hosting' reasonable control;

Force Majeure

W3 Web Hosting shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of W3 Web Hosting (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, 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 W3 Web Hosting to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by W3 Web Hosting 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 notwithstanding 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 W3 Web Hosting to You shall be deemed to have been given if delivered by e-mail, inaccordance with the contact information You have provided.

Governing Law

Except as otherwise set forth in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.

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 W3 Web Hosting However, in the event that W3 Web Hosting 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 successorsand permitted assigns.

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 herein. 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 herein.

Amendment in Writing

We may update or amend these General Terms and Conditions, the Service Specific Terms & Conditions including any technical specification relating to the Services and/or Package, the Acceptable Use Policy, Privacy Policy and any information relating to the Services/Package from time to time to comply with law or to meet our changing business requirements. We will give You prior notice of any changes to the Agreement and You can choose to cancel the Services without penalty before the new terms affect you. Display of the modified terms and conditions shall be deemed to be notice to you. You also agree to review the terms and conditions regularly to ensure you are aware of any modifications.

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 hereunder 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. W3 Web Hosting 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 W3 Web Hosting as reflected in the original provision.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of United Kingdom and you hereby submit to the exclusive jurisdiction of the United Kingdom courts.

Our Contact Details

For any further information please email: contact@w3webhosting.net
Please note: by signing up for any of our services you agree to be bound by all W3 Web Hosting terms of use