Webexpand Limited Terms & Conditions
1. Payment / Credit. If your account is not paid in full at any time, we reserve the right to take down the website and
email until such time as payment has been received in full. Deposits or payments are not refundable once design
work has commenced.
2. Variations. The work to be done by us is as described in the documentation attached to this Agreement or the agreed
specification. We reserve the right to charge additional fees to implement any changes to this Work.
3. Hosting. Only one website may be hosted on your account.
You may not resell this or re-allocate all or part of your or this space to another party. The terms and conditions of our
hosting company are hereby deemed to be incorporated herein and should be attached hereto. If not, please ask for a
4. Material. You will deliver to us all material that you want to be incorporated into the site in electronic format within
2 weeks hereof ; you warrant to us that you own all copyright and other intellectual property in it or that you have
appropriate licenses for it to be incorporated in the website and you agree to indemnify, defend, save and hold us
harmless from any and all demands, liabilities, costs, claims including reasonable legal fees asserted against us , our agents,
customers, officers or employees that may arise or result from any breach of such warranty
5. Content. You and the registrant of any site, not we, We are not responsible for the content, accuracy, legality
(according to any legal jurisdiction where the site may be viewed) and morality (according to the customs of any
person by whom the site might be viewed) of your site. You are responsible for the legality of the content of your
website. You are also responsible for ensuring that the content is accurate. The following are examples of
inappropriate content: racist material, pornographic or otherwise offensive material, cracks/hacks, copyright material
which you are not authorised to distribute, warez. This is not an exhaustive list and wWe reserve the right to remove
any content that we consider to be illegal, immoral, offensive or contrary to copyright laws or where we have received
a complaint from an official body. Persistent offenders will have their website taken down and their account closed
and no refunds will be given.
6. Browsers. The site will be designed to work in Internet Explorer (IE version in use at time of design) : We do not
guarantee that the site will look identical or attractive in other browsers or any future browser versions of IE or any
7. Intellectual Property Rights. Material sourced by us for your site will be obtained only for the purpose of
incorporating it into your site and not for any other purpose. You agree not to seek to use it for such other purpose.
We grant to you a permanent non-exclusive licence in material created by us for your site but only for use with that
8. Availability and excess use policy. We host sites on shared servers. We do not guarantee service level agreements
and occasional down-time may occur on either the website or email. If your website traffic should build to a level
where we feel that it is affecting the server’s performance or affecting other websites then we reserve the right to
withdraw the site. We will of course aid you in sourcing an alternative hosting platform although no refund will be
9. Service modification. Should we need to switch hosts then you may experience down-time. We will keep this to a
minimum until we can reload your server onto a new server.
10. Back up of data. You agree to keep a local copy of your site as we cannot be held responsible for your data.
11. Domain names
a) We reserve the right to consider all requests for domain names and accept or reject them in accordance with our view of the
guidelines set by the relevant domain registration body
b) Upon acceptance and receipt of full payment, we will submit names for registration and make full registration if the domain
name is available.
c) The domain name will be held for 12 months and you will have the right to renew this domain name after this time on a 12
d) We will not issue refunds once a registration request has been completed.
e) We cannot guarantee that a domain name has been registered until we receive confirmation of the registration process.
f) We may cancel or suspend a domain name registration if we believe that completing the registration puts us in conflict with
guidelines issued by the relevant body or where we believe that there may be conflicts of rights to a particular domain name.
g) We do not accept any responsibility for the use of registered domain names especially where there may be conflict of rights
h) We do all we can to ensure that the registrants details are submitted correctly during the registration but cannot be held
responsible for any errors or loss of profit suffered by you, the registrant or any party linked to the registrant.
i) You and the (prospective) registrant warrant to us that all details as to the registrant submitted to us are true and correct, that
any alterations made are also true and correct and that the registrant consents to be registered and accepts that information on
him and his ownership of the domain name is made public.
j) We reserve the right to alter our terms or rates in line with those of domain registrars and hosts
k) The website or email may at times become unavailable (due to technical issues at our hosting company or with the internet)
and we cannot be held responsible for this and by signing this agreement you agree not to pursue any claim against us.l) We
cannot guarantee a particular position within a specific search engine for our marketing service. We will use our reasonable
endeavours to set the website pages up to produce a reasonable improvement on current search engine positions (assuming the
pages were not optimized correctly in the first instance).
12. Promotion. We shall be entitled to make reference to our relationship with you in our publicity material. You shall
allow us after completing the Work to permanently insert into our own website a link to your Website from our own
website and vice-versa using words of our choice for any links. You shall allow us to permanently insert into the
source code comments our name, author’s name, URL, and contact telephone number(s).
13. Internet Promotion. We shall endeavour to get your website listed well and usually sites get listed well using our
internet promotion service. As we can never be 100% sure of your competitor activity, there is never a firm
guarantee of a specific position within any search engine and you accept this by signing our order form.
14. Indemnification. You agree that you shall indemnify, defend, save and hold us harmless from any and all demands,
liabilities, costs, claims including reasonable legal fees asserted against us , our agents, customers, officers or employees
that may arise or result from any service provided or performed or agreed to be performed or any product sold by you,
your agents, employees or assigns. You agree to defend, indemnify and hold us harmless against liabilities arising out of;
(1) any injury to person or property caused by any product of yours sold or otherwise distributed in connection with our
server or our host’s server; (2) any material supplied by you infringing or allegedly on the proprietary rights of a third
party; (3) copyright infringement; (4) any defective product sold to a customer of yours from our server or our host’s
15. Limitation of Liability
a. All implied terms, conditions or other legal provisions are hereby excluded to the extent allowed by law
b. We shall not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or
indirectly in connection with this Agreement the development of the Website, the Website itself any
software (including any bespoke software) its use application support or otherwise except to the extent to
which it is unlawful to exclude such liability
c. Notwithstanding the generality of the above, we expressly exclude liability for
i. indirect, financial or consequential loss
ii. loss of profit, business, revenue, goodwill or anticipated savings
iii.damage or corruption to other software or data
iv.damages whether direct indirect compensatory consequential exemplary special incidental or
d. In the event that any exclusion contained in this Agreement shall be held invalid for any reason and we
become liable for loss or damage that it might otherwise have been lawful to limit, you agree that our
liability for breach of this Agreement or other liability of us to you shall be limited to the total value of this
e. Notwithstanding the above, neither party shall exclude or limit its liability to the other for death or
personal injury caused by negligence
f. We agree that the above exclusions and limitations of liability are reasonable, reflect the respective
financial positions of the parties and that the price for our work reflects the position on liability.
16. Assignment. Either of us may assign the benefit (together with the burden) of this Agreement without seeking
permission. The assignor shall notify the other party of the assignment and give details of the assignee as soon as possible
17. Cancellation. We reserve the right to cease hosting services, giving you 30 days notice. Upon such termination, no
refunds will be given as payment is made monthly. No refunds will be made should you breach any of these terms and
conditions. You may cancel your hosting service with us by giving us 30 days notice in writing. No refunds will be issued
for initial design, registration or other charges.
18. Entire Agreement. This Agreement shall constitute the entire agreement and understanding between the parties in
respect of all matters which are referred to herein. Any previous or separate Agreements undertakings and obligations
between the parties are hereby abrogated.
19. Representations. All representations, warranties or other assurances made by or on behalf of us to you other than as
set out in this Agreement do not form part of this Agreement nor shall they legally be enforceable or actionable.
20. Juristriction. These terms shall be governed and construed under the laws of England. Both we and you both submit to
the exclusive jurisdiction of the English Courts.
21. Website Content. All website content (images, typed word document / email) is required within 30 days of ordering
else the project is deemed to be completed and finished.
V2012 ( These are our host’s terms and conditions which you are agreeing to also )
Heart Internet Ltd Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply our services
described on our website www.heartinternet.co.uk to you (“Services”). Our primary services are a domain name registration and
renewal service http://www.heartinternet.co.uk/domain-names/ (“Domain Registration and Renewal Service”) or our website
hosting services http://www.heartinternet.co.uk/web-hosting/ (“Hosting Service”).
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 and print a copy for future reference.
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that
if you refuse to accept these terms and conditions, you will not be able to order any Services from our website.
1.2 By placing an order for the Services, you consent to us sending to you our regular newsletter. This newsletter is our primary
method of communicating with you and will inform you of changes to our website, notify you of planned outages and updates,
and keep you informed about our services generally.
2. Information about us
2.1 www.heartinternet.co.uk is a site operated by Heart Internet Limited (“we”, “us” and “our”). We are registered in England and
Wales under company number 04866768 and have our registered office at Heart Internet Ltd, 5 Roundwood Avenue, Stockley
Park, Uxbridge UB11 1FF. Our trading address is 2 Castle Quay, Nottingham NG7 1FW. Our VAT number is 927 1292 22.
3. Your status
3.1 By placing an order through our website, you warrant that:
3.1.1 you are legally capable of entering into binding contracts; and
3.1.2 you are at least 18 years old.
3.2 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.
4. The order process
4.1 You can only place an order for the Services once you have successfully registered an account with us. Information that you
provide while registering an account with us must be complete and accurate. You agree that we may block access to your account
and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your
user name and password secret at all times and not allow anyone else to use it. You must contact us immediately if you believe
your user name and password has become known to someone else.
4.2 Before you submit an order (by clicking the “Submit Order” button) you will be shown your order on screen including details
of the Services you have wish to order and the price payable. You will then have an opportunity to identify and correct any input
errors in your order for the Services.
4.3 You will only be allowed to submit an order once you have registered a credit card or debit card on your account or set up a
paperless direct debit.
4.4 After placing an order for the Services we will give you details of the Services you have ordered. We will send the same
details to you in an email, together with an invoice, to the email address you provided when you registered your account with us.
4.5 You can view copies of the invoices we have sent you and details of what you have purchased from our website by logging
into your account.
5. How the contract is formed between you and us
5.1 After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the
Hosting Service you have purchased has been 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.
5.2 The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to
supply any other Services which may have been part of your order until such Services have been confirmed in a separate
6. Our status
6.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any
undertaking that products or services you purchase from companies to whose website we have provided a link on our website
will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect
your statutory rights against the third party seller.
7. Consumer rights
7.1 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.
7.2 This provision does not otherwise affect your statutory rights.
8. Our limited money back guarantee
8.1 Once the Contact has been formed you may, subject to clause 8.2, only cancel the Contract in relation to the Hosting Service
you have purchased (unless your Hosting Service includes the use of a dedicated hosting server or VPS in which case you may
not cancel the Contract). In such cases, you may cancel at any time within thirty (30) days, beginning on the day after you
received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you
have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that
payment. No other refund will be made. Limited to one per customer.
8.2 To cancel the Contract under clause 8.1, you must inform us in writing through our support ticket
systemhttps://customer.heartinternet.co.uk/manage/ticket.cgi before the end of the thirty (30) day period mentioned in clause 8.1.
As part of our cancellation process, we will respond to you via our support ticket system to confirm your cancellation request.
You must re-confirm your cancellation request via our support ticket system or we will continue to supply the Hosting Service
and your cancellation under clause 8.1 will be ineffective.
8.3 You will not have any right under clause 8.1 to cancel the Contract for the supply of any other Services other than that noted
in clause 8.1. Therefore, the Services which may not be cancelled include (but are not limited to):
8.3.1 Hosting Services where you request a dedicated hosting server;
8.3.2 Domain Registration and Renewal Services; and
8.3.3 Use of SSL certificates and other ‘add on’ products.
9. Price and payment
9.1 The price of any Services will be as quoted on our website from time to time, except in cases of obvious error. These prices
9.2 The total cost of your order of the Services will be set out clearly in your Shopping Basket before you submit your order for
9.3 Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price
increase comes into force. Any such price increase will not be effective until the Minimum Term (as defined in clause 20.3)
expires. If you do not agree to such price changes, please cancel your Services in accordance with clause 20.3.1. If you do not
cancel you will be deemed to have accepted the new prices, and they will be charged to the credit card, debit card or other
payment method registered to your account.
9.4 Our website contains the details of a large number of Services and it is always possible that, despite our best efforts, some of
the Services listed on our website may be incorrectly priced. Where a Service’s correct price is less than our stated price, we will
charge the lower amount when accepting your order. If a Service’s correct price is higher than the price stated on our website, we
will normally, at our discretion, either contact you for instructions before accepting your order, or reject your order and notify
you of such rejection.
9.5 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an
Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as
9.6 You must register a payment method for the Services you have ordered before submitting your order. You may pay by credit
or debit card or, alternatively, you may set up a paperless direct debit against your account. We will take payment from the
payment method you have registered against your account immediately upon sending you our Acceptance Confirmation or
shortly thereafter. If we subsequently reject your order, we will refund the payment you have made to the credit card, debit card
or other account you used to make the payment.
9.7 Please note that when purchasing a Service, you are obliged to pay for that Service for the whole of the Minimum Term (as
defined in clause 20.3) that applies to it (unless you have cancelled the Service under clause 8.1) even though you may pay by
monthly direct debit payments. Consequently, you must not cancel your direct debit payments without first cancelling your
Services under clause 20.3.1. If you do so, we will seek to recover any outstanding payments due to us by other means, including
by taking appropriate legal action.
9.8 Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared
funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek
payment from any other credit card, debit card or direct debit registered against your account. Further, if your payment is still not
authorised we may, at our discretion, suspend or terminate any Services we provide to you from time to time, even if payment in
respect of such Services is not outstanding.
10.1 We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our
website will be provided with reasonable care and skill.
10.2 We will not be liable for a breach of the warranty in clause 10.1 unless:
10.2.1 you give written notice of the breach to us through our support ticket
10.2.2 we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you.
10.3 We will not be liable for a breach of the warranty in clause 10.1 if:
10.3.1 the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are
10.3.2 you alter the Services without our written consent; or
10.3.3 the problem arises because of misuse.
10.4 Subject to clause 10.2 and clause 10.3, if we are in breach of the warranty in clause 10.1 we will, at our expense, use all
reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price.
This constitutes your sole and exclusive remedy for any breach of the warranty set out in clause 10.1. Notwithstanding the
foregoing, we do not warrant that your use of the Services will be uninterrupted or error-free.
10.5 We reserve the right to modify the Services without notice to you provided such modification does not adversely effect your
access to, or use of, the Services or detract from the overall performance of the Services. Any change which may have such
adverse effect on you or may detract from the overall performance of the Services will be notified to you at least sixty (60) days
prior to the change taking effect.
10.6 You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf
which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our
liability to you for fraudulent misrepresentation.
11. Access to the Hosting Service
11.1 You are responsible for making all arrangements necessary for you to have access to our Hosting Services. You are also
responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and
conditions (and in particular our acceptable use policy http://www.heartinternet.co.uk/terms/hi-aup.html) and that they comply
12. Hosting Service service levels
12.1 We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for
ninety-nine point nine-nine (99.99) per cent of each calendar month. We do not warrant access to our servers will be
uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum. We shall make all
commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages through the
system status page http://www.webhostingstatus.com on our website and through our newsletter.
12.2 Service credits are not given for any form of downtime or service unavailability.
13 IP addresses
13.1 You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you, and any IP address
allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in
any manner whatsoever.
13.2 If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
13.3 You agree that you shall have no right, title or interest to any IP address upon expiry or termination of the Services, and that
the acquisition by you of a new IP address following expiry or termination of the Services shall be solely your responsibility.
14. Back-up of your material and our servers
14.1 It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you
upload (or permit to be uploaded) onto our servers (“Material”) as part of your use of the Hosting Services. In the event of loss of
or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
14.2 We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers,
your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including
your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for
any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
15. Hosting Service usage limitations
15.1 All our Hosting Service packages come with an unlimited web space allowance provided that: 15.1.1 your Material is linked
into web pages;
15.1.2 you do not use the Hosting Service as a backup of, or repository for, your Material;
15.1.3 you maintain good housekeeping to maintain your Material; and
15.1.4 your comply with our acceptable use policy http://www.heartinternet.co.uk/terms/hi-aup.html.
15.2 The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting
package as this is set out on this website at the time of your order. The Hosting Service you have ordered will be automatically
suspended if this monthly bandwidth allowance is exceeded. If this happens, you have to upgrade your Hosting Service package
to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the
following calendar month. You can monitor your monthly bandwidth usage in the eXtend control panel
15.3 Unless the Hosting Service package you order includes a dedicated server, you will only be allowed to use a maximum of
five (5) per cent of our server’s processing capacity when using the Hosting Service package you order. At our absolute
discretion, we may allow your usage to exceed this limitation, and we will speak to you about your hosting requirements if your
usage has, or may have, a detrimental effect on our other customers.
15.4 The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set
out on our website at the time of your order. However, any mailboxes that have not been accessed for one hundred (100) clear
days will be automatically deleted from our system.
15.5 When using the Services, you must comply with our terms of website use http://www.heartinternet.co.uk/terms/hiwebsiteuse.
html and our acceptable use policy http://www.heartinternet.co.uk/terms/hi-aup.html and these are incorporated into
the Contract by reference. Any conflict between our terms of website use and these terms and conditions, will be resolved in
favour of these terms and conditions.
15.6 We shall be entitled to terminate the Contract, or suspend or terminate the provision of any individual Services, if you are in
breach of our terms of website use http://www.heartinternet.co.uk/terms/hi-websiteuse.html or ouracceptable use policy
16.1 If a problem has arisen with regard to the Services or your registered account, you can access support through our support
ticket system https://customer.heartinternet.co.uk/manage/ticket.cgi twenty-four (24) hours a day, seven (7) days a week.
16.2 Our support team will help resolve any problems you have with the Services you are receiving. We will not provide
programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.
17. Domain names
17.1 Where the Contract includes our Domain Registration and Renewal Service:
17.1.1 we will endeavour to procure the registration of the domain name you request;
17.1.2 we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request,
or subsequently suspends or revokes any registration for that domain name;
17.1.3 we shall not act as your agent or on your behalf in any dealings with domain name registry;
17.1.4 the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms
and conditions of use which you should obtain and consider http://www.heartinternet.co.uk/terms/hi-terms.html;
17.1.5 you are responsible for ensuring that you are aware of the terms referred to in clause 17.1.4 so that you can comply with
them; 17.1.6 the domain name you request will only have been successfully registered when you appear as the registrant on the
appropriate “whois” database of the top level domain name registrar;
17.1.7 we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to
be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion,
there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the
provisions of these terms and conditions or any legal or regulatory requirement; and
17.1.8 you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner
of any trade mark to use such name) that you have requested be registered.
17.2 You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use
such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in
relation to which the Hosting Service supplied to you is used.
17.3 Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your
registration of it. We will send you renewal notices thirty (30) days and seven (7) days before the renewal date of your registered
domain name. These notices will be sent to the email address then registered against your account. You hereby authorise us to
automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in
accordance with clause 20.1.1. The price for the renewal will be as set out in the renewals page of the customer administration
area https://customer.heartinternet.co.uk/manage/renewals.cgi?SU=PRICES and will be charged against one of the payment
methods then registered against your account.
18. Intellectual property rights
18.1 You, or your licensor, retain all intellectual property rights in your Material, and you grant to us a worldwide, nonexclusive,
royalty free licence to use, store and maintain your Material on our servers and publish your Material on the Internet
for the purpose of providing the Hosting Service to you. You warrant that your Material does not infringe the intellectual
property rights of any third party and you have the authority to grant the licence in this clause 18.1 to us. We may make such
copies as may be necessary to perform our obligations, including making back-up copies of your Material.
18.2 You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs
(including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services
or of any claim or action that your Material infringes, or allegedly infringes, the intellectual property rights of a third party.
18.3 If you download software we own from our website, we grant you a non-exclusive, non-transferable royalty free licence to
use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate
when we stop providing the Hosting Services to you.
18.4 Any third party software that you download from our website shall be licensed to you on the standard software licence terms
of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time
you download such software.
18.5 We retain all intellectual property rights in the Hosting Services (other than in your Material) and our software referred to in
clause 18.3. Accordingly, you must not decompile, disassemble or reverse engineer the Hosting Services or our software.
18.6 We will defend you against any claim that the Hosting Services (but not materials stored or maintained on our servers by
third parties) infringe any United Kingdom intellectual property rights of a third party (other than infringements referred to in
clause 18.2), and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided
18.6.1 you give prompt notice of any such claim;
18.6.2 you make no admissions or settlements without our prior written consent;
18.6.3 you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense; and
18.6.4 we are given sole authority to defend or settle the claim.
18.7 In the defence or settlement of the claim, we may obtain for you the right to continue using the Hosting Services, replace or
modify the Hosting Services so that they become non-infringing or, if such remedies are not reasonably available, terminate the
Contract with you without liability to you (in which case we will refund to you the price you have paid on a pro-rata basis). We
will have no liability to defend or indemnify you if the alleged infringement is based on:
18.7.1 a modification of the Hosting Services by anyone other than us;
18.7.2 your use of the Hosting Services in a manner contrary to our instructions or our acceptable use
18.7.3 your use of the Hosting Services after notice of the alleged or actual infringement from us or any appropriate authority.
18.8 The foregoing states your sole and exclusive rights and remedies, and our entire obligations and liability, for the
infringement of any third party’s intellectual property rights by the Hosting Services.
19. Our liability
19.1 We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be
transmitted, by virtue of the Hosting Services.
19.2 Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any
other information transferred through the Internet or via any network provider and no guarantee or representation is given that the
Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by
virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring
compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other
privacy laws, regulations and guidance notes made or issued thereunder).
19.3 All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the
documents referred to in them) are hereby expressly excluded.
19.4 We do not exclude or limit in any way our liability:
19.4.1 for death or personal injury caused by our negligence;
19.4.2 under section 2(3) of the Consumer Protection Act 1987;
19.4.3 for fraud or fraudulent misrepresentation; or
19.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
19.5 We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and
whether they are caused by our negligence or otherwise:
19.5.1 loss of income or revenue;
19.5.2 loss of business;
19.5.3 loss of profits or contracts;
19.5.4 loss of anticipated savings;
19.5.5 loss of goodwill;
19.5.6 loss of software or data;
19.5.7 wasted expenditure (such as pay per click advertising costs); or
19.5.8 wasted management or office time.
19.6 Subject to clause 19.4 and clause 19.5, our maximum aggregate liability under or in connection with the performance or
contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no
circumstances exceed one hundred and ten (110) per cent of the price you have paid to us for the Services during the twelve (12)
months preceding the event giving rise to the liability in question. Accordingly, you are advised to acquire business interruption
insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in
particular the Hosting Service).
19.7 Where you buy any product or service from a third party seller through following a link on our website to such third party’s
website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and
20. Duration of the Services and cancellation
20.1 That part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you
our Acceptance Confirmation. It will continue until:
20.1.1 we have registered the domain name you have requested (the “Domain Name”) and you subsequently ask us not to renew
the registration of your Domain Name by logging into your domains control panelhttps://customer.heartinternet.co.uk/ and
setting the Domain Name renewal option to “cancel” at anytime before the renewal date; or
20.1.2 we terminate the supply of our Domain Registration and Renewal Service by notice to you because:
126.96.36.199 the Domain Name is no longer available for registration;
188.8.131.52 clause 17.1.7 applies;
184.108.40.206 you are in breach of clause 17.1.8; or
220.127.116.11 of some other reason preventing the registration of the Domain Name.
20.2 If we terminate the Domain Registration and Renewal Service under clauses 18.104.22.168, 22.214.171.124 or 126.96.36.199, we will refund
the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or other account you used
to make the payment.
20.3 That part of the Contract relating to Services other than our Domain Registration and Renewal Service will also commence
on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided in this clause 20.3, they
shall continue for the minimum period of time that applies to the Service you have purchased (as these are set out on our website
and subsequently confirmed in the Acceptance Confirmation) (“Minimum Term”). After expiry of the Minimum Term, they will
continue on a month to month basis until terminated:
20.3.1 by you giving to us at least seventy-two (72) hours advance written notice through our support ticket
systemhttps://customer.heartinternet.co.uk/manage/ticket.cgi. As part of our cancellation process, we will respond to you through
our support ticket system and you must re-confirm your cancellation request. You must re-confirm your cancellation request via
our support ticket system or we will continue to supply the relevant Services and your cancellation will be ineffective. You
cannot cancel any of your Services by letter, email or telephone. You will not receive any refund of the price you have paid for
the Services you have cancelled; or
20.3.2 by us giving to you at least thirty (30) days advanced notice in written sent to the then current email address registered
against your account.
20.4 The monthly price for Services we supply under Contracts that continue on a month to month basis under clause 20.3 shall
be charged monthly in advance directly to a credit card, debit card or other payment method registered against your account.
Such payment will be taken on the same date of the month as on which the Services had originally commenced (“Payment Date”)
unless or until you cancel the Services in accordance with clause 20.3.1. We will not provide you with a refund for a cancellation
that is part-way through a billing period. Where the Payment Date does not recur in a particular month (e.g., 31 January, but there
is no 31 February), you will be charged on the closest preceding date to the Payment Date (e.g., 28 February) for that month.
20.5 Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our
http://www.heartinternet.co.uk/terms/hi-aup.html, we may terminate the Contract at any time by giving you thirty (30) days
advance notice by emailing you at the email address registered against your account. If we cancel the Services, we will refund to
you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term.
20.6 Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms
and conditions we may terminate the Contract by seven (7) days notice to you and/or, at our absolute discretion, terminate or
suspend without notice any individual Services we provide to you from time to time.
20.7 Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way
under that Contract as at the date of expiry or termination.
21. Deletion of your data
21.1 If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and
permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of such data before you
cancel your Services.
21.2 If you have purchased a Hosting Service aimed at resellers, your package will allow multiple accounts to be set up for your
customers. If you disable any of these accounts and they remain disabled for fifty (50) clear days, we will immediately and
permanently delete those disabled accounts (and all the data hosted in relation to them) from our system.
22. Additional terms
22.1 Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
23. Written communications
23.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using
our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with
information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication
and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically
comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
24.1 All notices given by you to us must be given though our support ticket system
https://customer.heartinternet.co.uk/manage/ticket.cgi. We may give notice to you at either the then current e-mail or postal
address registered against your account with us.
25. Third party rights and transfer of rights and obligations
25.1 Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third
Parties) Act 1999 by any person that is not a party to it.
25.2 The Contract is binding on you and us and on our respective successors and assigns.
25.3 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under
it, without our prior written consent.
25.4 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations
arising under it, at any time during the term of the Contract.
26. Events outside our control
26.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the
Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
26.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and
includes in particular (without limitation) the following:
26.2.1 misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
26.2.2 strikes, lock-outs or other industrial action;
26.2.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or
preparation for war;
26.2.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
26.2.5 impossibility of the use of public or private telecommunications networks; and
26.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
26.3 Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues,
and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to
bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed
despite the Force Majeure Event.
27.1 If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or
any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the
Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such
27.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
27.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is
communicated to you in writing in accordance with clause 24.
28.1 If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be
invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
29. Entire agreement
29.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us both
in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us,
whether oral or in writing.
29.2 We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or
promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except
as expressly stated in these terms and conditions.
29.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior
to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for
breach of contract as provided in these terms and conditions.
30. Our right to vary these terms and conditions
30.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions
affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory
requirements and changes in our system’s capabilities.
30.2 You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any
change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it
will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions
before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change
to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the
30.3 No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
31. Law and jurisdiction
31.1 Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related
to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language
offered for the conclusion of the contract between us both.
Heart Internet Limited’s Hosting Acceptable Use Policy
This page was last updated: 28th January 2009
This acceptable use policy sets out the terms between you and us under which you may use the hosting services we provide
(“Hosting Services”). Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this
acceptable use policy, which supplement our terms and conditions of sale http://www.heartinternet.co.uk/terms/hi-terms.html
You must not allow a third party to access or use the Hosting Services. If you have purchased one of our reseller hosting
packages, you can allow a third party (a “Third Party”) to access or use the Hosting Services. If you do so, they will also be
regulated by this acceptable use policy. As such, you will monitor the use of the Hosting Services by a Third Party and you will
procure that they abide by this acceptable use policy. A breach of this acceptable use policy by a Third Party will be deemed to
be a breach of this acceptable use policy by you.
The Hosting Services are provided by Heart Internet Limited (“we”, “us” and “our”). We are registered in England and Wales
under company number 04866768 and we have our registered office at Heart Internet Ltd, 5 Roundwood Avenue, Stockley Park,
Uxbridge UB11 1FF. Our trading address is 2 Castle Quay, Nottingham NG7 1FW.
1. Resource usage
1.1 The Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the
purpose of publishing websites.
1.2 The Hosting Services allow you ‘unlimited’ server space for normal routine “non-file-distribution” web usage. For websites
that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of twenty-five (25)
gigabytes (26,843,545,600 bytes) per calendar month. Non-file-distribution usage will remain unaffected by any limit imposed
on downloading of video, audio or other files.
2. Prohibited uses
2.1 You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
2.1.1 in any way that breaches any applicable local, national or international law or regulation;
2.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2.1.3 for the purpose of harming or attempting to harm minors in any way;
2.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
(see section 5);
2.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form
of similar solicitation (also known as SPAM); or
2.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs,
keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the
operation of any computer software or hardware.
2.2 In your use of the Hosting Services (other than where you are using your own dedicated server), you may not:
2.2.1 use more than 5 % of our server’s processing capacity. There are numerous activities that could cause such problems,
including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations;
2.2.2 run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd;
2.2.3 run any type of web spider or indexer; including (but not limited to) GoogleCash and AdSpy;
2.2.4 run any software that interfaces with an Internet Relay Chat network;
2.2.5 run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them
on our servers;
2.2.6 participate in any file-sharing/peer-to-peer activities;
2.2.7 run any gaming servers; or
2.2.8 run cron entries or other scheduled tasks other than by configuring them through our control panel
2.2.9 give away web space under a domain (including Resellers giving away free websites)
2.2.10 operate a proxy website or service.
2.2.11 As a remote file host for other websites.
2.3 You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of
your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to
operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without
giving notice to you.
2.4 All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take
action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which
comply fully with the guidelines issued by Google, MSN, Yahoo and other large search engines.
3.1 You agree:
3.1.1 not to re-sell or offer for the use of third parties any part of our Hosting Services, unless you have purchased the Hosting
Services designated for resellers http://www.heartinternet.co.uk/reseller-hosting/;
3.1.2 not to access without authority, interfere with, damage or disrupt:
188.8.131.52 any part of the Hosting Services;
184.108.40.206 any equipment or network used to provide the Hosting Services;
220.127.116.11 any software used in the provision of the Hosting Services; or
18.104.22.168 any equipment or network or software owned or used by any third party.
4. Interactive services
4.1 Where you use, or allow the use of, the Hosting Services to host a website on which interactive services (for example, chat
rooms or bulletin boards) are provided (“interactive services”), you must ensure the use of best practice to operate those
4.2 Notwithstanding the use of best practice in operating the interactive services, you must assess any possible risks for users
(and in particular, for children) from third parties when they use any interactive service you allowed to be hosted using the
Hosting Services and use appropriate moderation in the light of those risks. However, we are under no obligation to oversee or
monitor your use of the Hosting Services in relation to any interactive services you provide or allow to be provided.
5. Content standards
5.1 These content standards apply to any and all material that you allow to be hosted through the Hosting Services (“Material”),
and to any interactive services associated with it.
5.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any
Material as well as to its whole.
5.3 Material must:
5.3.1 be accurate (where they state facts);
5.3.2 be genuinely held (where they state opinions); and
5.3.3 comply with applicable law in the UK and in any country from which they are posted.
5.4 Material must not:
5.4.1 contain any material which is defamatory of any person;
5.4.2 contain any material which is obscene, offensive, hateful or inflammatory;
5.4.3 contain any material that is pornographic;
5.4.4 promote violence;
5.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.4.6 infringe any copyright, database right or trade mark of any other person;
5.4.7 be likely to deceive any person;
5.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
5.4.9 promote any illegal activity;
5.4.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
5.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
5.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
5.4.13 give the impression that they emanate from us, if this is not the case; or
5.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer
6. Suspension and termination
6.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the
Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
6.2 Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions of sale
http://www.heartinternet.co.uk/terms/hi-terms.html upon which you are permitted to use the Hosting Services, and may result in
our taking all or any of the following actions:
6.2.1 immediate, temporary or permanent withdrawal of your right to use the Hosting Services;
6.2.2 immediate, temporary or permanent removal of any Material (as defined in paragraph 5.1) uploaded to our servers;
6.2.3 issue of a warning to you;
6.2.4 issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to,
reasonable administrative and legal costs) resulting from the breach;
6.2.5 further legal action against you; or
6.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this
policy are not limited, and we may take any other action we reasonably deem appropriate.
7. Changes to the acceptable use policy
7.1 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time
to time to take notice of any changes we make, as they are legally binding on you.
Heart Internet Limited’s Terms of Website use
This page was last updated: 28th January 2009
please refrain from using our site.
1. Information about us
1.1 www.heartinternet.co.uk is a site operated by Heart Internet Limited (“we”). We are registered in England and Wales under
company number 04866768 and have our registered office at Heart Internet Ltd, 5 Roundwood Avenue, Stockley Park, Uxbridge
UB11 1FF. Our trading address is 2 Castle Quay, Nottingham NG7 1FW. Our VAT number is 927 1292 22.
2. Accessing our site
2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide
on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our
security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the
right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion
3. Intellectual property rights
3.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works
are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you
may draw the attention of others within your organisation to material posted on our site.
3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you
must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
3.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us
or our licensors.
immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. Reliance on information posted
4.1 Materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim
all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may
be informed of any of its contents.
5. Our site changes regularly
5.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our
site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation
to update such material.
6. Our liability
6.1 Except as otherwise provided by a contract created between you and us incorporating our terms and conditions of
supply http://www.heartinternet.co.uk/terms/hi-terms.html, the material displayed on our site is provided without any guarantees,
conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and
third parties connected to us hereby expressly exclude:
6.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
6.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in
connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it,
including, without limitation any liability for:
22.214.171.124 loss of income or revenue;
126.96.36.199 loss of business;
188.8.131.52 loss of profits or contracts;
184.108.40.206 loss of anticipated savings;
220.127.116.11 loss of data;
18.104.22.168 loss of goodwill;
22.214.171.124 wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by
tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent
misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited
under applicable law.
7. Information about you and your visits to our site
By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
8. Transactions concluded through our site
8.1 Contracts for the supply of our services (such as our hosting services or domain name registration services) formed through
our site or as a result of visits made by you are governed by our terms and conditions of
9. Viruses, hacking and other offences
9.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is
malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site
is stored or any server, computer or database connected to our site or used to provide our services. You must not attack our site
via a denial-of-service attack or a distributed denial-of-service attack.
9.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any
such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity
to them. In the event of such a breach, your right to use our site will cease immediately.
9.3 We will not be liable for any loss or damage caused by any denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our
site or to your downloading of any material posted on it, or on any website linked to it.
10. Linking to our site
10.1 You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take
advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on
our part where none exists.
10.2 You must not establish a link from any website that is not owned by you.
10.3 Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The
website from which you are linking must comply in all respects with the content standards set out in our acceptable use
10.4 If you wish to make any use of material on our site other than as set out above, please address your request to Heart Internet
Ltd, 5 Roundwood Avenue, Stockley Park, Uxbridge, UB11 1FF
11. Links from our site
11.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your
information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for
any loss or damage that may arise from your use of them.
12. Jurisdiction and applicable law
12.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we
retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant
13. Trade mark
13.1 “Heart Internet” is the UK registered trade mark of Heart Internet Limited.
also be superseded by provisions or notices published elsewhere on our site.
15. Your concerns
15.1 If you have any concerns about material which appears on our site, please contact Heart Internet Ltd, 5 Roundwood Avenue,
Stockley Park, Uxbridge, UB11 1FF
Heart Internet Limited (“we”) are committed to protecting and respecting your privacy.
supply http://www.heartinternet.co.uk/termshi.shtml and any other documents referred to on it) sets out the basis on which any
personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to
understand our views and practices regarding your personal data and how we will treat it.
For the purposes of the Data Protection Act 1998 (the “Act”), the data controller is Heart Internet Limited of 5 Roundwood
Avenue, Stockley Park, Uxbridge, UB11 1FF.
1. Information we may collect from you
1.1 We may collect and process the following data about you:
1.1.1 information that you provide by filling in forms on our website https://customer.heartinternet.co.uk (our “site”). This
includes information provided at the time of registering an account, purchasing services from us or requesting further services.
We may also ask you for information when you report a problem with our site or the services you have purchased;
1.1.2 if you contact us letter or email, we may keep a record of that correspondence;
1.1.3 if you contact us by telephone, we may record our telephone conversation for training purposes and, if you are asking us to
provide you with the use of a dedicated hosting server, for the purposes of proving your request;
1.1.4 we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
1.1.5 details of transactions you carry out through our site and of the fulfilment and administration of your orders; and
1.1.6 details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication
data, whether this is required for our own billing purposes or otherwise and the resources that you access and use.
2. IP addresses and cookies
2.1 We may collect information about your computer, including where available your IP address, operating system and browser
type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’
browsing actions and patterns, and does not identify any individual.
2.2 For the same reason, we may obtain information about your general Internet usage by using a cookie file which is stored on
the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to
improve our site and to deliver a better and more personalised service. They enable us:
2.2.1 to estimate our audience size and usage pattern;
2.2.2 to store information about your preferences, and so allow us to customise our site according to your individual interests;
2.2.3 to speed up your searches; and
2.2.4 to recognise you when you return to our site.
2.3 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies.
However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser
3. Where we store your personal data
3.1 The personal data that we collect from you will be stored on our servers inside the European Economic Area (“EEA”). Some
of your personal data will be transferred to Datacash Limited (whose registered office is at 8 Gate Street, London WC2A 3HP
and company number is 03430157) for the purposes of processing your payment information. By submitting your personal data,
you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated
3.2 Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you
are responsible for keeping this password confidential. We ask you not to share a password with anyone.
3.3 Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to
protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own
risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised
access. Specifically, your personal data will be stored in accordance with the Payment Card Industry Data Security Standard.
4. Uses made of the information
4.1 We use information held about you in the following ways:
4.1.1 to ensure that content from our site is presented in the most effective manner for you and for your computer;
4.1.2 to provide you with information, products or services that you request from us or which we feel may interest you, where
you have consented to be contacted for such purposes;
4.1.3 to carry out our obligations arising from any contracts entered into between you and us;
4.1.4 to allow you to participate in interactive features of our service, when you choose to do so;
4.1.5 to notify you about changes to our service.
4.2 If you have placed an order for our services, we will use the information we hold to send you our regular newsletter. This
newsletter is our primary method of communicating with you and will inform you of changes to our site, notify you of planned
outages and updates to our services, and keep you informed about our services generally. By placing an order for our services,
you consent to us using the information we hold about you in this way.
4.3 If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods
and services similar to those which were the subject of a previous sale to you.
5. Disclosure of your information
5.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding
company and its subsidiaries, as defined in UK Companies Act 2006.
5.2 We may disclose your personal information to third parties:
5.2.1 in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective
seller or buyer of such business or assets; or
5.2.2 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to
supply http://www.heartinternet.co.uk/termshi.shtml and other agreements; or to protect our rights, property, or safety, or that of
our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud
protection and credit risk reduction.
6. Disclosure of your information
6.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before
collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third
party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to
collect your data. You can also exercise the right at any time by contacting us at Heart Internet Ltd, 5 Roundwood Avenue,
Stockley Park, Uxbridge, UB11 1FF
6.2 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If
you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not
accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these
7. Access to information
7.1 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with
the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we
hold about you.
you by e-mail.
5 Roundwood Avenue, Stockley Park, Uxbridge, UB11 1FF