You indicate acceptance of these terms and conditions of service by placing an order with DDBHOSTING Ltd. These terms and conditions will not be varied for individual customers.
In this Agreement the following words and expressions shall have the following meanings:
Product specifications and details may be found at https://ddbhosting.net. Words denoting the singular shall include the plural and vice versa, and words denoting any gender shall include all genders. The headings of the paragraphs of this Agreement are inserted for convenience of reference only.
The Customer wishes to provide DDBHOSTING with data that will be hosted on DDBHOSTING's servers and made accessible via the Internet. DDBHOSTING provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
DDBHOSTING shall provide to the Customer the Services specified in their order subject to these terms and conditions. The Customer shall deliver to DDBHOSTING the website and the software used in the website which is owned by the Customer, or licensed to them by a third party or DDBHOSTING (“the Customer Software”), in a format specified by DDBHOSTING.
DDBHOSTING 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. Where DDBHOSTING changes or removes any IP address, it shall use its reasonable endeavours to avoid any disruption to the Customer.
If the Customer requires use of software owned by or licensed to DDBHOSTING (“DDBHOSTING's software”) in order to use the Services, DDBHOSTING 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 DDBHOSTING 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 DDBHOSTING Software.
In relation to DDBHOSTING's obligations under this Agreement, the Customer grants to DDBHOSTING 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 DDBHOSTING any right, title, interest or intellectual property rights in the Customer Software or the Content.
The Customer undertakes that they will not, themselves or through any third party, sell, lease, license or sublicense DDBHOSTING Software. DDBHOSTING may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back-up copies. Upon termination or expiration of this Agreement, DDBHOSTING shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
DDBHOSTING 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, DDBHOSTING makes no warranties or representations that the Service will be uninterrupted or error-free, and DDBHOSTING shall not, in any event, be liable for interruptions of Service or downtime of the server.
DDBHOSTING carries out data backups for use by DDBHOSTING in the event of systems failure. DDBHOSTING do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly, DDBHOSTING accepts no responsibility for data loss or corruption. We strongly recommend that customers keep their own independent backups.
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:
The Customer has full responsibility for the content of the Website. For the avoidance of doubt, DDBHOSTING is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services. If the Customer fails to comply with this Acceptable Use Policy, DDBHOSTING shall be entitled to withdraw the Services and terminate the Customer's account without notice.
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 DDBHOSTING, and the password will be changed.
The Customer warrants and represents to DDBHOSTING that DDBHOSTING'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 DDBHOSTING.
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, DDBHOSTING 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 DDBHOSTING 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 DDBHOSTING 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.
Nothing in these terms and conditions shall exclude or limit DDBHOSTING's liability for death or personal injury resulting from DDBHOSTING's negligence or that of its employees, agents or sub-contractors.
The entire liability of DDBHOSTING 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.
In no event shall DDBHOSTING 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 DDBHOSTING had been made aware of the possibility of the Customer incurring such a loss.
This Agreement will become effective on the date the service is ordered and shall continue until either party terminates it in writing. DDBHOSTING 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.
Either party may terminate this Agreement forthwith by notice in writing to the other if the other party: commits a material breach capable of remedy and fails to remedy it within a reasonable time of written notice; commits a material breach which cannot be remedied; passes a resolution for winding up (other than for solvent amalgamation or reconstruction), or a court makes such an order; ceases to carry on its business or substantially the whole of it; or is declared insolvent, makes an arrangement with creditors, or has a liquidator, receiver, administrator, manager or trustee appointed over any of its assets.
Any rights to terminate shall be without prejudice to any other accrued rights and liabilities. On termination, all data held in the Customer's account will be deleted.
DDBHOSTING may assign or otherwise transfer this Agreement at any time. The Customer may not assign or otherwise transfer this Agreement or any part of it without DDBHOSTING's prior written consent.
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. The affected 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 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 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 in writing. If sent by email it shall, unless the contrary is proved, be deemed received on the day it was sent; if sent by fax, on receipt of an error-free transmission report; and if sent by recorded delivery, 2 days following the date of posting.
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.
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.
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, DDBHOSTING will provide a full refund for that domain name. Individual domain name registrars may have their own terms and conditions which also apply.
DDBHOSTING 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.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law. Please refer to our Privacy Policy for full information.
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.
Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult-content-oriented websites, hosting banners, graphics or CGI scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, or giving away web space under a domain, sub-domain or directory.
Should your account (shared hosting) use more than 5% of the server's processing power and, as a result, have a detrimental effect on other customers, we will discuss with you alternative solutions for your hosting requirements.
Commission earned via the affiliate programme will only be paid using a valid direct debit/credit mandate on your account. It is the Customer's responsibility to ensure they have this facility. In the event that the Customer is unable to obtain this facility, no commission will be paid.
DDBHOSTING 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 and features, and special offers.
Unlimited web space is available for genuine website 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 housekeeping when maintaining their account.
DDBHOSTING LTD · 5 Poupinel de Valence Street, Beau-Bassin Rose-Hill, Mauritius, Indian Ocean · BRN: C21180500 · VAT: 27923062
