Terms of Service

Important Legal Agreements

including Acceptable use and Terms of Service

ItsTheWeb provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of ItsTheWeb are subject to the following terms of service:

About Us

ItsTheWeb is operated by Kingsbury-Scientific Ltd registered in England No. 10799659 and having a registered address at Old School Annexe Kingsbury Road, Marston, Sutton Coldfield, United Kingdom, B76 0DH.

Contracts for the purchase of Products and/or Services through our site or elsewhere 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.

Any reference to ItsTheWeb shall equally apply and be interchangeble with KingsBury Scientific Ltd.

You the customer

By placing an order, you certify that you are over 18 years old and are legally capable of entering into a legal contract. If you are acting on behalf of a company you also certify that you are legally authorised to enter into this contract.

Orders can only be placed once you have registered an account with us. It is your legal responsibility to ensure these details are accurate and correct. We reserve the right to suspend and or cancel your service if we have reason to believe details entered are incorrect or fraudulent. Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance.

If you are purchasing as an individual consumer the Consumer Contract Regulations 2013 allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation.

The contract

The contract between us becomes binding when we send you acceptance confirmation. The acceptance confirmation will contain the list of products or services the contract relates to.

Any products or services we offer or sell that are provided by a third party may or may not be of acceptable quality and will not be held responsible for any issues arising from these.

Indemnification Policy

You agree to use all ItsTheWeb services and facilities at your own risk. ItsTheWeb specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall ItsTheWeb be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

Customer agrees that it shall defend, indemnify, save and hold ItsTheWeb harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against ItsTheWeb, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ItsTheWeb against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with ItsTheWeb's server.

ItsTheWeb reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third-party Copyright infringement any defective products sold to customer from ItsTheWeb's server. ItsTheWeb shall be the sole judge of what violates this Policy.

Billing

At this time, we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is non-refundable).

We accept Visa, Master Card, American Express and PayPal. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise or by you cancelling via our system.

Pricing may change at any time; you will be notified 14 days prior to the price change and you will have deemed to have accepted the price change if you do not cancel during that 14-day period.

We will endeavour not to make ay mistakes in billing but sometimes errors can occur. If the price billed is lower than stated then we will make this up on the next payment and visa versa if it is higher. We are under no obligation to supply a service at an incorrectly billed amount. We reserve the right to attempt to collect payment by any registered credit card on our system if your primary payment method fails. In the event of failed payments, we reserve the right to collect monies owed according to British law. Your account may be suspended if payments are not received.

Late Payments

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 7 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 day till deactivation.

Acceptable Use Policy

All services provided by ItsTheWeb may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ItsTheWeb and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all ItsTheWeb servers. This includes sites that include sexually explicit or hardcore images and/or advertising for such.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

We reserve the right to inform any relevant authorities of any potentially illegal acts as we see fit.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material and any act that constitutes money laundering. Undesirable Content Certain types of content are not allowed on our network. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and/or copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

Guns and Firearms:ItsTheWeb allows the advertising, publishing, discussions and site content of guns and firearms according to British law where applicable. If you are located outside the UK you are not allowed to host and/or publish such content due to the complexities of cross border regulations.

Server Limitations

On any shared hosting package if the use of a single site exceeds 10% of the CPU capacity we reserve the right to contact you to upgrade to a VPS. This is at our discretion. Any mailbox that has not been accessed for 100 clear days will be automatically deleted.

Support

Unless a package has been purchased that explicity states support and services that contradicts this we do not provide programming or set up support. Support provided is purely for hosting and email on our systems. We provide support via a ticket-based system and are under no time obligations although we do attempt to respond within 1 hours and response times are monitored. We do not provide telephone support.

Domains

We will endeavour to purchase the domains you request in a timely manner but cannot be held responsible or liable for any failure on any third party’s performance with regard to this including the refusal to register, revoking or suspension. We will not act as your agent. You are responsible for ensuring you comply to any rules regarding a domain name you purchase. The domain name is considered your property when your contact details appear on the whois register. For domains transferred to us you acknowledge you are the legal owner or have legal permission to perform the transfer. Once transferred we will renew the domain as required and you will be notified prior to renewal. You authorise us to perform this renewal on your behalf unless cancelled. You hereby authorise us to place locks on any domain as we see fit for whatever reason.

Cancellation

You may cancel your service at any time by either the cancellation button or by a support ticket. There will always be a confirmation of cancellation required by you.

Your service may run until the end of the paid period or be cancelled immediately. Once the service is terminated all of your data with us will be deleted. You are strongly advised to backup any data prior to cancellation.

IP Addresses, Intelectual Property and ownership

You will not own or have any rights to IP addresses. Any IP address is not portable and may be transferred. It is offered as part of our ongoing service to you. We reserve the right to change IP addresses as we see fit but will endeavour not to.

You retain all rights to your material but you grant us rights to store publish this publicly on the internet for hosting services to you. You agree that we will not be liable for any material you make public against any copyright, decency or infringement laws.

Any third-party software provided by us shall be licensed according to that third-party rules and not ItsTheWeb, it is your responsibility to ensure you comply with those licenses.

We maintain IP rights and ownership to our material throughout the site as provided by us. You must not, copy, decompile, sell, distribute or use this in any way.

You must inform us within 5 working days of any such claim against you for any material you publish.

Limitation of Liability

ItsTheWeb shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ItsTheWeb servers going off-line or being unavailable for any reason whatsoever. Furthermore, ItsTheWeb shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site or database data from one of ItsTheWeb servers. Due to the vastly public nature of the internet we will not be held responsible for the interception or access or deletion of any emails. You accept that no guarantee can be given as to the security of internet services. You acknowledge that in the event it is found in a court or otherwise that we are liable then these damages will be limited to last 12 months services provided by us and paid by you. It is our advice that if you depend on internet services for your or your business income you should take out a business interruption insurance policy. If any of these terms and conditions are determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be removed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted.

Disclaimer

ItsTheWeb cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by ItsTheWeb are resold or provided by a third party. Thus, certain equipment, routing, software, and programming used by ItsTheWeb are not directly owned or written by ItsTheWeb. Moreover, ItsTheWeb holds no responsibility for the use of our clients’ accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as ItsTheWeb sees fit. FURTHERMORE, ItsTheWeb retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We will not be liable or responsible for any failure to perform, any of our obligations under the Contract that is caused by events outside our control