Terms of Service

This page (together with our Data Processing Agreement and Privacy Policy) tells you information about Index eBusiness Ltd and the Terms on which we provide the HOST100 Services.

Index eBusiness Ltd may amend these Terms from time to time as set out in clause 23. These Terms were most recently changed by Index eBusiness Ltd on 21st July 2020.

This Website is operated by Index eBusiness Ltd (“HOST100”, “we”, “us”).  We are a limited company registered in England and Wales under company number 07337877 and have our registered office at 182-184 Fleet Road, Fleet, Hants, GU51 4BS.  Our VAT number is 106863806.

1. This Service
1.1 The HOST100 (Service) is provided by Index eBusiness Ltd (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.

2. Eligibility
2.1 You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.

3. Registration and Account Integrity
3.1 As part of the registration process you will need to create an account, including first and last names, email address (your “user name”) and certain details on your company. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.

4. Pricing, Plans and Features
4.1 For current pricing and plans please see the pricing page located on our website.
4.2 We reserve the right to change pricing, plans and the features offered at any time and without notice to you.

5. Payment and Credit Control
5.1 All services are billed monthly, quarterly or annually in advance.
5.2 If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts.
5.3 Where the Service has been paid for 1, 3 or 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.

6. Cancellation 
6.1 You many cancel your account or accounts at any time.
6.2 Cancellation should be done using email or telephone call
6.3 No refunds will be provided for remaining unused days under a quarterly or annual account or accounts.

7. Upgrading or Downgrading Accounts
7.1 Users have the ability to upgrade or downgrade their accounts and the services offered at any time.
7.2  Where a 12-month, 3-month or 1-month account is downgraded the adjusted charge will be applied to the account on the next anniversary date.  No refund will be offered for days remaining.
7.3  Where a 12-month 3-month or 1-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.

8. Trial and Offer Periods
8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
8.2 These Terms and Conditions apply to all trial or offer period accounts.

9. Technical Support
9.1 Technical support is provided via email and telephone and such other means as we decide in order to provide a proper service to users.
9.2 We reserve the right not to provide a full technical support service to free or trial account users.

10. Domain name registration and renewal services
10.1 We resell domain name registration services through eNom and Nominet.
10.2 If your domain name is registered through Enom, the following agreement applies to you: https://www.enom.com/terms/agreement.aspx
10.3 If your domain name is registered through Nominet, the following terms apply to you: https://www.nominet.uk/go/terms
10.4 You agree, and understand, that the agreements linked above may contain further linked documents. It is your obligation to read, understand and agree to be bound by those agreements which are incorporated into this TOS by reference.
10.5 In addition, the consensus policies of ICANN apply to you: https://www.icann.org/en/resources/registrars/consensus-policies

11. Specific Service Rules
11.1 As a user you agree not to do any of the following:

1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Use or harvest data provided by other users in a way that they would object to.
4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
6. To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.
7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
10. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
11. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
12. Use our Service for bulk emailing or send email where the amount sent per hour exceeds 500. If you should require bulk email sending then please speak to us about a private server.
13. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
14. To upload files to a domain on our servers that are not accessible by visiting that domain, unless they are hidden files needed to operate the website; we reserve the right to delete files which do not match this criteria without giving notice to you.
15. Use greater than 100,000 inodes (every file on your hosting account uses 1 inode), or create file system damage by the rapid creation of large volumes of files.
16. Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc;

11.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
11.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgement is in breach of these Terms and Conditions.

12. Content Ownership
12.1 As a user you retain all ownership rights to content provided by you.
12.2 You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.

13. Copyrighted Material
13.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
13.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
13.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

14. Content Monitoring
14.1 Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.

15. Termination
15.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
15.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 12 and 20.
15.3 Following termination Index eBusiness Ltd may store a back up of the Customer Data for up to one month after which time it shall be deleted without further notice to the Customer.

16. Access and Backups
16.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.
16.2 We carry out daily backups for all our Services except virtual private servers unless a backup Service has been purchased for that virtual private service.
16.3 Any data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all web, email and database content.
16.4 We can restore your data but we make no guarantees about the integrity or availability of our daily backups and we would require a £80 fee to perform any restore.

17. Uptime Guarantee
17.1 The uptime guarantee is applicable for any unscheduled downtime of your website or server for more than 0.1% of the total time per month.
17.2 We will provide one (1) day of credit for every one (1) whole hour that your website or server is unreachable due to an internal network or equipment failure.
17.3 Approval of any credit is at the sole discretion of HOST100 and the maximum service credit given will be for the full amount paid for the month of outage, excluding any paid fees for additional services or licenses.
17.4 This uptime guarantee does not apply to planned maintenance or scheduled downtime.
17.5 To request a credit, please visit https://support.host100.co.uk to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit].

18. Disclaimer
18.1 We are not responsible for the accuracy of any content on the Service, nor any advertisements placed on the Service.
18.2 We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.

19. Limitation of Liability
19.1 We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits.

20. Indemnity
20.1 You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.

21. Privacy
21.1 Use of the Service is also governed by our Privacy Policy, which is available on our website https://www.host100.co.uk/privacy-policy.

22. Severability
22.1 The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

23. Variation
23.1 Index eBusiness Ltd may revise these Terms from time to time and the current version of the Terms shall apply to the Contract.
23.2 Whenever Index eBusiness Ltd revises these Terms in accordance with this clause 23, Index eBusiness Ltd will give you notice of this on the Website by stating that these Terms have been amended along with the relevant date at the top of this page.
23.3 Except for any variation by Index eBusiness Ltd in accordance with this clause 23, no variation of the Contract shall be effective unless it is agreed between the parties in writing

24. Waiver
24.1 Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

25. Jurisdiction
25.1 These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.