You indicate acceptance of these terms and conditions of service by placing an order with
UrBusinessLive Ltd. These terms and conditions will not be varied for individual customers.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any
of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or
business names and other similar rights or obligations, whether registrable or not in any
country;
1.1.3 "UrBusinessLive" means UrBusinessLive Ltd
1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by UrBusinessLive in connection with the
provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email and any other services or
facilities provided by UrBusinessLive.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer programme that copies itself or is copied to other storage media,
including without limitation magnetic tape cassettes, memory chips, electronic cartridges,
optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to
the user's files or creates a nuisance or annoyance to the user and includes without
limitation computer programs commonly referred to as "worms" or "trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at URL.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any
gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference
only and are not intended to be part of or to affect the meaning or interpretation of this
Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide UrBusinessLive with data that will be hosted on UrBusinessLive's
servers and made accessible via the Internet.
2.2 UrBusinessLive provides web hosting services and has agreed to host the Customer's data upon
the following terms and conditions.
3 DUTIES
3.1 UrBusinessLive shall provide to the Customer the Services specified in their order subject to
the following terms and conditions.
3.2 The Customer shall deliver to UrBusinessLive the website and the software used in the website
which is owned by the Customer, or licensed to him by a third party or UrBusinessLive ("the
Customer Software), in a format specified by UrBusinessLive.
4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including
Switch/Maestro) and direct debits
4.2 UrBusinessLive do not accept cheques, bank transfers, postal orders, cash or any other form
of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
4.4 UrBusinessLive shall be entitled to charge interest in respect of late payment of any sum due
under this Agreement, which shall accrue from the date when payment becomes due from day to
day until the date of payment at a rate of 8% per annum above the base rate of the Bank of
England from time to time in force.
4.5 UrBusinessLive do not provide credit facilities.
4.6 From time to time UrBusinessLive may make enquiries on the Customers company, proprietor or
directors of the Customers company with credit reference agencies. These agencies may record
that a search has been made and share this information with other businesses.
4.7 UrBusinessLive provide "Money-Back Guarantees" on certain products. Should your product
qualify for this guarantee please raise a support ticket at URL within 30 days of placing your
order for a full refund. This guarantee excludes domain names which may not be cancelled once
ordered. Customers are limited to using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of
the year.
4.9 Should your chosen payment method fail UrBusinessLive will attempt to settle your invoice
using any other payment facilities available on your account.
4.10 All services will renew until cancelled by the customer. UrBusinessLive emails the customers
primary email address prior to renewal of services, it is the customers responsibility to
cancel services prior to renewal as no refund can be made once renewal has occurred.
Customers must notify us at least 72 hours before a service is renewed if they wish to
cancel that service. The cancellation process must be fully completed by you before your
account is cancelled.
5 IP ADDRESSES
5.1 UrBusinessLive shall maintain control and ownership of the IP address that is assigned to
the Customer as part of the Services and reserves the right in its sole discretion to
change or remove any and all IP addresses.
5.2 Where UrBusinessLive changes or removes any IP address it shall use its reasonable endeavours
to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to UrBusinessLive
("UrBusinessLive's software") in order to use the Services, UrBusinessLive grants to the
Customer and its employees, agents and third party consultants and contractors, a
royalty-free, world-wide, non-transferable, non-exclusive licence to use UrBusinessLive
Software in object code form only, in accordance with the terms of this Agreement. For
the avoidance of doubt, this Agreement does not transfer or grant to the Customer any
right, title, interest or intellectual property rights in UrBusinessLive Software.
6.2 In relation to UrBusinessLive's obligations under this Agreement in connection with the
provision of the Services, the Customer grants to UrBusinessLive a royalty-free, world-wide,
non-exclusive licence to use the Customer Software and all text, graphics, logos,
photographs, images, moving images, sound, illustrations and other material and related
documentation featured, displayed or used in or in relation to the website ("the Content").
For the avoidance of doubt, this Agreement does not transfer or grant to UrBusinessLive
any right, title, interest or intellectual property rights in the Customer Software or
the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease,
license or sublicense UrBusinessLive Software.
6.4 UrBusinessLive may make such copies of the Customer Content as may be necessary to perform its
obligations under this Agreement, including back up copies of the Content. Upon termination
or expiration of this Agreement, UrBusinessLive shall destroy all such copies of the Content
and other materials provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 UrBusinessLive shall use its reasonable endeavours to make the server and the Services
available to the Customer 100% of the time but because the Services are provided by means
of computer and telecommunications systems, UrBusinessLive makes no warranties or
representations that the Service will be uninterrupted or error-free and UrBusinessLive
shall not, in any event, be liable for interruptions of Service or downtime of the
server.
7.2 UrBusinessLive carries out data backups for use by UrBusinessLive in the event of systems
failure. UrBusinessLive do not provide data restoration facilities for individual customers.
Even though every effort is made to ensure data is backed up correctly UrBusinessLive
accepts no responsibility for data loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used for lawful purposes only and the Customer may
not submit, publish or display any content that breaches any law, statute or regulation. In
particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam",
or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the
performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful
material or information, or any material or information which infringes any intellectual
property rights (for the avoidance of doubt this includes licensed software distributed
as Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and
publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 make available or upload files to the website or to the Services that the Customer knows
contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of UrBusinessLive's
network or the Services which are identified as restricted or confidential. This includes
leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of
doubt, UrBusinessLive is not obliged to monitor, and will have no liability for, the content
of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1
UrBusinessLive shall be entitled to withdraw the Services and terminate the Customer's
account without notice.
9 ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer using the online
account management facility, FTP access or SSH access where available. The Customer will
be issued with a user name and password in order to access the account. The Customer must
take all reasonable steps to maintain the confidentiality of this user name and password.
If the Customer reasonably believes that this information has become known to any
unauthorised person, the Customer agrees to immediately inform UrBusinessLive and the
password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to UrBusinessLive that UrBusinessLive's use of the
Content or the Customer Software in accordance with this Agreement will not infringe the
intellectual property rights of any third party and that the Customer has the authority to
license the Content and the Customer Software to UrBusinessLive as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this
Agreement, whether oral or in writing or whether imposed by statute or operation of law or
otherwise, including, without limitation, the implied warranty of satisfactory quality and
fitness for a particular purpose are hereby excluded. In particular and without prejudice
to that generality, UrBusinessLive shall not be liable to the Customer as a result of any
viruses introduced or passed on to the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold UrBusinessLive and its employees and agents harmless
from and against all liabilities, legal fees, damages, losses, costs and other expenses in
relation to any claims or actions brought against UrBusinessLive arising out of any breach by
the Customer of the terms of this Agreement or other liabilities arising out of or relating to
the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit UrBusinessLive's liability for
death or personal injury resulting from UrBusinessLive's negligence or that of its employees,
agents or sub-contractors.
12.2 The entire liability of UrBusinessLive to the Customer in respect of any claim whatsoever or
breach of this Agreement, whether or not arising out of negligence, shall be limited to the
charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall UrBusinessLive be liable to the Customer for any loss of business, loss of
opportunity or loss of profits or for any other indirect or consequential loss or damage
whatsoever. This shall apply even where such a loss was reasonably foreseeable or
UrBusinessLive had been made aware of the possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and shall continue
until terminated by either party in writing of its intention to terminate the Agreement.
13.2 UrBusinessLive shall have the right to terminate this Agreement with immediate effect by
notice in writing to the Customer if the Customer fails to make any payment when it becomes
due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a
breach capable of being remedied, fails to remedy it within a reasonable time of being given
written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied
under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of
solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an
order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make
any arrangement or composition with its creditors; or a liquidator, receiver, administrative
receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights
and liabilities of the parties arising in any way out of this Agreement as at the date of
termination.
13.5 On termination all data held in the customers account will be deleted.
14 ASSIGNMENT
14.1 UrBusinessLive may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without
UrBusinessLive's prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if
the delay or failure results from events or circumstances outside its reasonable control,
including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or
omission of government, highway authorities or any telecommunications carrier, operator or
administration or other competent authority, the act or omission of any Internet Service
Provider, or the delay or failure in manufacture, production, or supply by third parties of
equipment or services, and the party shall be entitled to a reasonable extension of its
obligations after notifying the other party of the nature and extent of such events.
16 SEVERANCE
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by
any Court of competent jurisdiction such provision shall be severed and the remainder of the
provisions hereof shall continue in full force and effect as if this Agreement had been
agreed with the invalid illegal or unenforceable provision eliminated.
17 NOTICES
Any notice to be given by either party to the other may be sent by either email, fax or
recorded delivery to the address of the other party as appearing in this Agreement or
such other address as such party may from time to time have communicated to the other
in writing, and if sent by email shall unless the contrary is proved be deemed to be
received on the day it was sent or if sent by fax shall be deemed to be served on
receipt of an error free transmission report, or if sent by recorded delivery shall be
deemed to be served 2 days following the date of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject
matter and supersedes any previous agreements, arrangements, undertakings or proposals,
oral or written. ThisAgreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and
the parties hereby submit to the exclusive jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant
whois database of the top level domain name registrar. In the event that a domain name is
unavailable when we attempt to register it UrBusinessLive will provide a full refund for that
domain name.
20.2 Please return to the main terms and conditions area of this website to view terms and
conditions for individual domain name registrars.
21 SCRIPTING
UrBusinessLive are not responsible for customer programming issues other than ensuring that
programming languages such as Perl, PHP and ASP are installed and functioning on the web
hosting system.
22 PRIVACY
To protect your privacy we will not distribute your details to third parties, unless required
to do so by law.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in
any one month your account will be deactivated until you have upgraded to an account that has
more data transfer included.
23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but
not limited to music, video and software), adult content orientated websites, hosting
banners, graphics or cgi scripts for other websites, storing pages, files or data as a
repository for other websites or personal computers, giving away web space under a domain,
sub domain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a
detrimental effect on other customers we will discuss with you alternative solutions for your
hosting requirements.
25 AFFILIATE PROGRAMME
Commission earned via the affiliate programme will only be paid by using a valid direct
debit/credit mandate on your account. It is the customers responsibility to ensure they
have this facility. In the event of the customer not being able to obtain this facility
then no commission will be paid.
26 EMAIL NEWSLETTER
UrBusinessLive communicates with it's customers via email and as such you agree to receive by
email our regular newsletter which contains amongst other things changes to our terms and
conditions, notification of major outages, updates to our products & features and special
offers.
27 WEBSPACE USAGE
Unlimited web space is available for genuine web site content, content must be linked into
web pages. Customers are prohibited from using the server as a file/backup repository.
Customers are expected to employ good house keeping when maintaining their account.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.
