THE L&M HOSTING TERMS AND CONDITIONS (please read) TERMS AND CONDITIONS FOR THE PROVISION OF INTERNET SERVICES The following terms and conditions apply to the provision of services to you by L&M Hosting & Internet Services ("L&M Hosting") once L&M Hosting has accepted your order by sending you a written confirmation or by commencing the provision of the Service (as defined below): 1. L&M Hosting shall use reasonable endeavours to provide the service to you specified in your order ("the Service"). You acknowledge and agree that L&M Hosting does not guarantee the provision of the Service on an uninterrupted basis but that L&M Hosting shall use reasonable endeavours to meet the service levels, if any, specified on the L&M Hosting website at www.lmhosting.co.uk ("the Website") from time to time ("Service Levels"). In the event that no Service Levels are specified on the Website, L&M Hosting shall provide the relevant Service with reasonable care and skill. You further acknowledge and agree that L&M Hosting is constantly revising its Service Levels and that you accept such revised Service Levels as are posted on the Website from time to time. 2. If L&M Hosting applies for the registration of a domain name on your behalf as part of the Service you warrant, represent and undertake as follows: (a) that you have the right to use the name which will be listed with L&M Hosting, Brit Media or L&M Web Development as the Registered Owner and will form the prefix of the domain name; and (b) by requesting L&M Hosting to apply to register the domain name you agree to comply with the relevant registration authority's terms and conditions as specified from time to time and indemnify and keep L&M Hosting and its directors fully and effectively indemnified at all times against all costs, claims, liabilities, losses, damages, actions and expenses (including without limitation, legal expenses) arising directly or indirectly from the registration and/or breach by you of this clause 2 including, without limitation, the relevant registration authority's terms and conditions. 3. L&M Hosting shall use reasonable endeavours to provide advice and support concerning the provision of the Services to you by email at the email address specified on the Website from time to time and shall, where appropriate, seek to provide remote diagnosis and fault corrections. L&M Hosting shall provide such advice and support with reasonable care and skill. For the avoidance of doubt, L&M Hosting shall not be obliged to carry out any site visits or otherwise provide support other than by email. 4. Your sole remedy for failure by L&M Hosting to meet the Service Levels shall be to terminate this Agreement in accordance with clause 15. 5. This Agreement shall commence on the date specified by L&M Hosting in its confirmation of your order or the date that L&M Hosting commences the provision of the Service (whichever is the sooner) and shall continue in force until terminated in accordance with its terms. 6. L&M Hosting shall use reasonable endeavours to commence the provision of the Service to you by the end of the next two Business Days following the day upon which payment in full for the Service is received from you. For the purposes of this Agreement, "Business Day" means any day excluding Saturday, Sunday and any bank or public holiday in England. 7. You must pay L&M Hosting for the Service at the rate agreed with L&M Hosting at the time of placing your order as such rate may be revised by L&M Hosting from time to time provided that L&M Hosting shall not revise such rate more than once in any period of six months and you shall pay such rate in advance on or before the beginning of each payment period as agreed with L&M Hosting at the time of placing your order ("the due date"). Any failure by you to pay in full by the due date will entitle L&M Hosting at any time thereafter without notice to you to terminate the provision of the Service with immediate effect. 8. You undertake and agree to: (a) keep your contact details up to date and forthwith notify us in writing of any amendments; (b) keep your passwords confidential and only disclose them to such of your employees who need to know them and you will procure that those employees keep such passwords confidential; and (c) comply with the terms and conditions of use of any third party networks and services used in the provision of the Service which are not directly operated or provided by L&M Hosting and/or which are not under the control of L&M Hosting. 9. You acknowledge and agree that: (a) From time to time, the Service may be closed down and suspended in order for work to be carried out relating to the upgrading or maintenance of the Service or for other reasons relating to the provision of the Service. L&M Hosting shall use reasonable endeavours to give you reasonable notice of such closure and suspension and shall use reasonable endeavours to ensure that such works are carried out as quickly as reasonably practicable; (b) L&M Hosting is entitled to alter or transfer IP addresses from time to time for any reason whatsoever. Whilst L&M Hosting shall use reasonable endeavours to give reasonable notice of such alteration or transfer, L&M Hosting does not guarantee this. All IP addresses supplied are supplied as a non-portable RIPE, ARIN or APNIC PA address space and remain the property of L&M Hosting and/or its suppliers and must not be used on termination of the Service and L&M Hosting shall thereafter be entitled to use such IP addresses for any purpose whatsoever. No IP addresses are transferable to other service providers. 10. By submitting your order for the provision of the Service on the terms and conditions of this Agreement you hereby expressly consent to L&M Hosting using any and all information provided by you from time to time for any purpose whatsoever including, without limitation, the marketing of L&M Hosting's products and/or services to you and the sending to you of e-mails concerning L&M Hosting products and services and/or any technical announcements by L&M Hosting concerning the Service and you hereby expressly consent to L&M Hosting transferring the information to any third party that is a group undertaking of L&M Hosting (as defined in Section 259 of the Companies Act 1985 (as amended)) and/or its suppliers anywhere in the world. For the avoidance of doubt, L&M Hosting will not sell such information to any third party. 11. All copyright, trade marks and other intellectual property rights subsisting or created in the provision of the Service shall remain the property of L&M Hosting or its licensor and you will not derive any right, title or interest in them. You shall indemnify and keep L&M Hosting indemnified against any and all losses, claims, liabilities, damages, demands, costs and expenses (including, without limitation, legal costs and expenses) incurred by L&M Hosting as a result of failure by you to comply with this clause 11. 12. You and L&M Hosting hereby agree that any information of a confidential or proprietary nature supplied to the other or generated by either party during the term of this Agreement shall not be used by the other, save for the purposes of this Agreement and shall not be disclosed to a third party, in each case, without the prior written consent of the other, whether during the term of this Agreement or after its termination or expiration. 13. L&M Hosting may, at its sole option and without any obligation to refund monies paid by you pursuant to clause 7, terminate this Agreement immediately on written notice to you if: (a) ordered to do so by a court of competent jurisdiction; (b) the use of the Service is or becomes illegal; (c) if there is a breach of this Agreement; (d) the continued use of the Service could cause technical problems on the Internet; or (e) you act in any way or do anything which may reasonably be construed to impugn the trade mark rights of L&M Hosting or otherwise be detrimental to the business, goodwill or reputation of L&M Hosting. 14. Either party may terminate this Agreement by serving not less than 28 days written notice on the other provided that if you terminate this Agreement pursuant to this clause 14 you shall not be entitled to a refund of any monies paid pursuant to clause 7. 15. You may terminate this Agreement immediately by serving written notice of 28 days on L&M Hosting if L&M Hosting persistently fails to meet the Service Levels. 16. L&M Hosting reserves the right to change the terms and conditions of service providing all parties with 14 days notice of these changes by either email, first class post or recorded delivery. 17. L&M Hosting gives no warranty and makes no representation in respect of the Service save as expressly set out in this Agreement and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such Service. 18. L&M Hosting shall not be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the Service, including without limitation: (a) loss of revenue; and/or (b) loss of anticipated savings; and/or (c) loss of business and/or goods; and/or (d) loss of goodwill; and/or (e) loss of use; and/or (f) loss and/or corruption of data and/or other information; and/or (g) downtime; and/or (h) any damage relation to the procurement of any substitute services. For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses (a) to (h) inclusive of this clause 17 nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement. Whilst L&M Hosting shall use its reasonable endeavours to ensure that backup copies of all Client data contained are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and L&M Hosting shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or L&M Hosting to back up such data. 19. No waiver by either party of any provisions of this Agreement shall be binding unless made expressly and confirmed in writing. Any such waiver shall not apply to any subsequent or other matter, non-compliance or breach. 20. Notices to either party must be given in writing and sent by first class recorded post or facsimile to the relevant addresses specified on the Website in the case of L&M Hosting, and in your order in your case, as amended by no less than 18 days' notice in writing by the parties from time to time. A notice shall be deemed delivered within three Business Days of posting in the case of first class post and twenty four (24) hours after the completion of the transmission as shown in the transmission report in the case of facsimile. 21. Reselling our Services: (a) If you are or become a reseller of our Services you will continue to be bound by these terms and conditions; you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these; (b) You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any Contract binding on us; (c) You may resell the Service provided that you have paid our charges and that you do so based on your own technical and legal responsibility and never sell bandwidth or webspace greater than that you have contracted to purchase from L&M Hosting. Furthermore the you must not purport or claim that the resale is a resale of the Service. You must at all times clarify that you are selling connections or bandwidth from your own network. You will hold L&M Hosting indemnified against any claims from a party to whom you have resold and will ensure that your own terms and conditions in any resale Contract include and comply with the provisions of this agreement. If L&M Hosting agrees any change in Service this Contract is to be treated as varied accordingly; (d) No default by your customers shall in any way affect, modify or limit your obligations under this Agreement. 22. No person other than a party to this Agreement shall be entitled to enforce any term of it. 23. In no event shall L&M Hosting's liability to you whether in contract, tort, by statute or otherwise exceed the amount paid by you for the relevant Service. 24. Nothing in this Agreement shall exclude or restrict the liability of either party for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of that party, its officers, employees, agents and/or sub-contractors. 25. The EU Distance Selling Directive now forms a part of UK law, courtesy of the Consumer Protection (Distance Selling) Regulations 2000. Our customers acknowledge and accept that our services are of a 'customised' nature and as such the regulations do not apply. A refund of any payment made towards any services may be refunded at our sole discretion. Contracts concluded between businesses are not governed by these regulations under any circumstances. 26. The terms and conditions are governed by English law and you and L&M Hosting submit to the exclusive jurisdiction of the English courts. Due to some of our servers being located in the US users must also comply with US law. 27. Any special offer pricing is not part of our price freeze promise. Should you get a special offer price, you will be expected to pay regular price on your anniversary renewal date. 28. When buying a reseller account, the account must be open for atleast 3 months. Failure to keep an account open for 3 months can result in all services suspended even before your expiry date. This is due to people paying for monthly services so that they can get a domain name through L&M Hosting and cancel the services right away. This is seen as a breech of contract and the account owner will be expected to pay £20 penalty if they wish to move the domain elsewhere within the first 3 months. If not the domain name will be auctioned off to the highest bidder on a domain auction site, and the owner will have all bids cancelled if they find the auction and bid. 29. The 14 day money back guarantee only applys when services are proven to be interuptted for more than 24 hours. The money back guarantee does not cover such things as a change of mind, complaints about the specifications of the package or finding better pricing anywhere else. L&M Hosting cannot be expected to refund due to lower prices found else where as it is impossible to compare service support and package specifications. Your statutory rights are not affected.