- Your Status
- Charges, Payment and Money-Back Guarantee
- IP Addresses
- Software Licence and Rights
- Service Levels and Backup
- Acceptable Use Policy
- Alterations and Updates
- Limitation of Liability
- Term and Termination
- Force Majeure
- Entire Agreement
- Governing Law and Jurisdiction
- Written Communication
- Domain Name Registration
- Data Transfer
- Server Usage
- Affiliate Program
- Email Newsletter
- Unlimited Webspace
- Mail Boxes
- Student Discount
You indicate acceptance of these terms and conditions of service and our Acceptable Use Policy by placing an order with Mission Hosting. These terms and conditions will strictly not be varied for individual customers.
This page, with the documents referred to therein, inform you of the terms and conditions on which which we supply our services described on our website (http://missionhosting.com) to you ("Services"). Our primary services are a domain name registration and renewal service (“Domain Registration and Renewal Service”) or our website hosting services (“Hosting Service”).
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "Downtime" Any service interruption in the availability to visitors of the Website.
1.1.2 "Intellectual Property Rights" Is any 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 "Mission Hosting" Means Mission Hosting, our trading name.
1.1.4 "IP Address" Internet protocol address which is the numeric address for the server.
1.1.5 "ISP" Internet Service Provider
1.1.6 "Server" Is the computer server equipment operated by Mission Hosting in connection with the provision of the Services
1.1.7 "Services" Means web hosting, domain name registration, email and any other services or facilities provided by Mission Hosting.
1.1.8 "Spam" The sending of unsolicited and/or bulk emails.
1.1.9 "Virus" 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" A third party who has accessed the Website.
1.2 Product specifications and details may be found at https://secure.missionhosting.com/hosting/compare
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.
2.1 The Customer wishes to provide Mission Hosting with data that will be hosted on Mission Hosting's servers and made accessible via the Internet.
2.2 Mission Hosting provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
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.
4.1 Mission Hosting shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
4.2 The Customer shall deliver to Mission Hosting the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Mission Hosting ("the Customer Software), in a format specified by Mission Hosting.
5 Charges, Payment and Money-Back Guarantee
5.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro), direct debits and PayPal.
5.2 Mission Hosting do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in section 5.1
5.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
5.4 Mission Hosting 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.
5.5 Mission Hosting do not provide credit facilities.
5.6 From time to time Mission Hosting 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.
5.7 Mission Hosting provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket at https://secure.missionhosting.com/contact-support within 30 days of placing your order for a full refund. This guarantee excludes domain names and SSL certificates which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.
5.7.1 Customers are limited to using the money-back guarantee once. Should Mission Hosting have any reason to believe an individual is abusing the scheme, they have full rights to refuse any refunds.
5.7.2 On using any discount code or coupon, including but not limited to marketing scheme discounts and student discounts, you void the Money-Back Guarantee for any services discounted.
5.7.3 Services which qualify for the Money-Back Guarantee and are renewed on a monthly basis must be cancelled at least seventy two (72) hours before the renewal date.
5.8 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
5.9 Should your chosen payment method fail Mission Hosting will attempt to settle your invoice using any other payment facilities available on your account.
5.10 All Services will renew until cancelled by the customer. Mission Hosting emails the customer's 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 seventy two (72) hours before a service is renewed if they wish to cancel that service and should do so by informing us via support ticket in their account (https://secure.missionhosting.com/contact-support). The cancellation process must be fully completed by you before your account is cancelled. Services can not be cancelled by letter, email, or telephone.
5.10.1 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 5.10 will be ineffective.
5.11 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. This provision does not otherwise affect your statutory rights.
6 IP Addresses
6.1 Mission Hosting 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.
6.2 Where Mission Hosting changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
7 Software Licence and Rights
7.1 If the Customer requires use of software owned by or licensed to Mission Hosting ("Mission Hosting's software") in order to use the Services, Mission Hosting 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 Mission Hosting 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 Mission Hosting Software.
7.2 In relation to Mission Hosting's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Mission Hosting 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 Mission Hosting any right, title, interest or intellectual property rights in the Customer Software or the Content.
7.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Mission Hosting Software.
7.4 Mission Hosting 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, Mission Hosting shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
8 Service Levels and Backup
8.1 Mission Hosting 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, Mission Hosting makes no warranties or representations that the Service will be uninterrupted or error-free and Mission Hosting shall not, in any event, be liable for interruptions of Service or downtime of the server.
We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages through the system status page (https://secure.missionhosting.com/system-status and the offsite location at http://missionstatus.uk.
8.2 Mission Hosting carries out data backups for use by Mission Hosting in the event of systems failure. Mission Hosting do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Mission Hosting accepts no responsibility for data loss or corruption.
8.3 Service credits are not given for any form of downtime or service unavailability.
9 Acceptable Use Policy
9.1 Our full Acceptable Use Policy forms an integral part of these terms and conditions of service. https://secure.missionhosting.com/terms/acceptable-use-policy.php
9.2 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:
9.2.1 Use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
9.2.2 Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
9.2.3 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;
9.2.4 Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
9.2.5 Engage in illegal or unlawful activities through the Services or via the Website;
9.2.6 Make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data;
9.2.7 Obtain or attempt to obtain access, through whatever means, to areas of Mission Hosting's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
9.2.8 Operate or attempt to operate IRC bots or other permanent server processes
9.3 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Mission Hosting is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
9.4 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 9.2, Mission Hosting shall be entitled to withdraw the Services and terminate the Customer's account without notice.
10 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 Mission Hosting and the password will be changed.
11.1 The Customer warrants and represents to Mission Hosting that Mission Hosting'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 Mission Hosting as set out in Clause 7.2.
11.2 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, Mission Hosting shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
The Customer agrees to indemnify and hold Mission Hosting 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 Mission Hosting 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.
13 Limitation of Liability
13.1 Nothing in these terms and conditions shall exclude or limit Mission Hosting's liability for death or personal injury resulting from Mission Hosting's negligence or that of its employees, agents or sub-contractors.
13.2 The entire liability of Mission Hosting 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.
13.3 The Customer warrants that any content on their services is their own or licensed and Mission Hosting holds no liabilities in this.
13.4 In no event shall Mission Hosting 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 Mission Hosting had been made aware of the possibility of the Customer incurring such a loss.
14 Term and Termination
14.1 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.
14.2 Mission Hosting 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.
14.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
14.3.1 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;
14.3.2 The other party commits a material breach of this Agreement which cannot be remedied under any circumstances.
14.3.3 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;
14.3.4 The other party ceases to carry on its business or substantially the whole of its business.
14.3.5 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.
14.4 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.
14.5 On termination all data held in the customers account will be deleted.
15.1 Mission Hosting may assign or otherwise transfer this Agreement at any time.
15.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Mission Hosting's prior written consent.
16 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.
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.
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 two (2) days following the date of posting.
19 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. This Agreement may be updated without notice.
Any delay or failure to exercise any right or remedy under this Agreement by Mission Hosting shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
20 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.
21 Written Communications
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.
22 Domain Name Registration
22.1 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 Mission Hosting will provide a full refund for that domain name.
22.2 Where the Contract includes our Domain Registration and Renewal Service:
22.2.1 we will endeavour to procure the registration of the domain name you request;
22.2.2 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;
22.2.3 we shall not act as your agent or on your behalf in any dealings with domain name registry;
22.2.4 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;
22.2.5 you are responsible for ensuring that you are aware of the terms referred to in clause 21.2.5 so that you can comply with them;
22.2.6 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.
22.3 By registering a domain name ending in .uk, you enter into a contract of registration with Nominet UK on the conditions found at https://secure.missionhosting.com/redirect/terms/nominet-terms.php, which includes conditions limiting their liability and relating to their use of your personal information. This contract is just for the domain name and is subject to the registration of a .uk domain name.
Mission Hosting 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.
24.1 To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
24.2 All sensitive information Mission Hosting recieves, is treat in complete confidentiality and in accordance with The Data Protection Act 1998 .
25 Data Transfer
25.1 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.
25.2 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.
26 Server Usage
Should your account use more than five (5) percent 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.
27 Affiliate Program
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.
28 Email Newsletter
Mission Hosting communicates with its 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. You have the right to unsubscribe from Mission Hosting marketing emails at any time by submitting your account-registered email on https://secure.missionhosting.com/unsubscribe.
29 Unlimited Web Space
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.
30 Mail Boxes
Mail boxes not accessed for one hundred (100) days or more will be deleted from the system.
31 Student Discount
31.1 With use of the student discount code, ("studentedu"), customers can receive 25% discount off advertised prices of any Mission Hosting web hosting package only. The discount applies only to the first transaction of any web hosting package sale and subsequent renewals will be charged at full-price. The discount code is limited to a one-time usage for any qualifying customer.
31.2 To qualify for usage of the student discount code, customers must use the code at checkout with a registered account which has the primary email address of a .edu, .ac or .sch extension.
31.3 Should customers use the discount codes with an account with no qualifying email address, Mission Hosting reserve the right to ask for proof of student status. Should the customer not be able provide sufficient evidence on request, Mission Hosting are given the right, in their sole discretion, to withdraw all discounted services from the customer or settle the discounted difference with the customer.
31.4 Discount codes are not allowed to be used in conjunction with any other discount code.
31.5 As mentioned in clause 5.7.2, on using any discount code or coupon, including but not limited to marketing scheme discounts and student discounts, you void the Money-Back Guarantee for any services discounted.
32.1 If a problem has arisen with regard to the services or your registered account, you can access support through our support ticket system https://secure.missionhosting.com/contact-support twenty-four (24) hours a day, seven (7) days a week.
32.2 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.
Mission Hosting reserves the right to change or modify this policy without prior notice.
Last Updated: 01/06/2015