T
he Supplier provides different types of hosting services. The hardware and software configurations, and the fees, are specified on the Supplier’s website at www.tonystam.com/en/hosting.php
In these Special Conditions, the terms defined in the General Conditions shall have the same meanings and the following terms shall have the following meanings unless the context otherwise requires:
- Content: the text, information, image, audio or video material and other data placed on the Server by or on behalf of the Customer, including data which the Customer permits third parties to place on the Server.
- Shared Hosting Services: the hosting of the Website on a shared Server with another customers, who collectively share the resources and space available on this Server.
- Website: the Customer’s website(s) to be hosted on the Server (including all data on such website(s) which is necessary for the publication and exchange of information via the Internet).
- Domain Name: the unique URL which designates the location of a particular website, as specified in the Order.
- Domain Name Services: the services concerning the registration, renewal and/or transfer of the Domain Name more particularly described on the Supplier’s website at www.tonystam.com
- Registrant: the recorded legal owner of the Domain Name.
- Registrar: an entity accredited by the relevant Registry to act as agent of Registrants in submitting Domain Name registration applications.
- Registry: the registry responsible for the allocation of Domain Names in the relevant top level domains;
- Whois: online research tools which are freely available on the Internet
allowing any person to obtain contact information of the Registrant,
administrative and technical contacts of a Domain Name.
These Conditions (together with the General Conditions shall apply to any Contract between the Supplier and the Customer for the provision of Shared Hosting Services; and shall prevail over any inconsistent terms or conditions submitted by the Customer or implied by law, trade custom, practice or course of dealing. In the event of conflict between these Conditions and the General Conditions, these Conditions shall prevail.
Domain Names Services shall be subject to any terms and conditions, procedures, rules and policy (including without limitation conflict resolution procedures) of the relevant Registry, as amended from time to time, and any amendments shall be incorporated in these Conditions without further notice to the Customer.
3.1. The Supplier shall provide the Shared Hosting Services with reasonable care and skill and in accordance with best industry practice.
3.2. The Supplier shall provide the Hardware and Software necessary for the provision of the Shared Hosting Services, the list of the Software available shall vary depending on the options selected by the Customer. These different options are set out at www.tonystam.com.
3.3. Upon request by the Customer, the Supplier shall provide the Customer with restricted access to parts of the Website, as more particularly described on the Supplier’s website at www.tonystam.com
3.4. The Supplier warrants that:
(a)the Hardware, Software and the Server shall perform in accordance
with the specifications set out in the Order;
(b)the use by the Customer of the Hardware, Software and the Server
in accordance with these Conditions shall not infringe the rights of any third party.
3.5. The Supplier shall use its reasonable endeavours to ensure that:
(a)the Hardware and Software and the Server is maintained in good
working order and in accordance with best industry practice;
(b)any defect, error or malfunction of the Hardware or Software and the Server is remedied as soon as is reasonably practicable, and the Client is informed immediately if such repair or replacement requires the Shared Hosting Services to be suspended;
(c)any disruption to the Shared Hosting Services which does not
result from any breach by the Customer shall be rectified as soon as is reasonably practicable following a request from the Customer;
(d)subject to Conditions 3.6 and 4, the Customer shall have access
to the Server via the Internet 24 hours a day, 365 days a year on
the basis of the level of activity on
the Website specified in the Order. If the level of activity on the
Website exceeds that specified in the Order, the parties shall meet and agree an increased bandwidth usage and the corresponding additional fees.
3.6. The Supplier shall inform the Client by email as soon as reasonably practicable if any maintenance, repair or upgrade requires the Shared Hosting Services to be suspended and shall inform the Customer of the likely duration of such suspension.
4.1 The Supplier shall have no liability to the Customer under the Contract in the event of:
(a)termination of the Shared Hosting Services under Condition 5.4;
(b)any act, omission, fault or negligence of a third party not
connected to the Supplier, and in particular any unauthorised access to the Website or the Content;
(c)any act of piracy, viruses, worms, trojan horses or other harmful
codes that affect or may affect the Server, the Website and/or the provision of the Shared Hosting Services;
(d)any actual or suspected security breaches in connection with the Shared Hosting Services;
(e)any loss following the uploading of the Website to another server
or IT system;
(f)any modification (or attempted modification) of the Software by the Customer or a third party not authorised by the Supplier;
(g)any loss caused by the operation or non-operation, use or non-use of the Website or the Content;
(h)downtime caused by routine or emergency maintenance, repair or upgrade to the Shared Hosting Services provided that, if such maintenance, repair or upgrade requires the Shared Hosting Services to be restricted or suspended, the Supplier shall use reasonable endeavours to notify the Customer by email as soon as reasonably practicable in advance of the likely duration of such restriction or suspension and shall endeavour to resume the Shared Hosting Services as soon as reasonably practicable;
(i)any interruption, partial or total failure of the Shared Hosting Services due to any variation of the bandwidth or any failure of the Supplier’s ISP/Access Provider.
4.2. If the Supplier detects that the security or integrity of the Website has been compromised, the Supplier shall inform the Customer by email that the Content must be re-installed, and the Supplier shall be entitled to protect the integrity of the Server by disconnecting it from the Internet until the Website has been reinstated. The Customer shall be responsible for reinstalling the Content. The Supplier’s sole responsibility shall be to reconnect the Website to the Internet once it has been reinstated.
4.3. For security reasons, the operation of Internet Relay Chat services from the Website (including without limitation bots, proxy, bouncer, etc.) requires the prior approval of the Supplier, which may be refused in the Supplier’s absolute discretion.
5.1 The Customer shall be solely responsible for:
(a)any loss or damage to the Website, and shall put in place appropriate insurance cover to cover the risk of any such loss or damage. The Customer may not claim any reimbursement, replacement, or compensation from the Supplier in any circumstances;
(b)uploading the Content onto the Server and checking that it functions satisfactorily. The Supplier shall not be responsible for any failure of the Customer to upload the Content correctly, and shall not be responsible for providing support in relation to the control and operation of the Content;
(c)the Content, for the conception or development of the Website, and for the Customer’s equipment, systems or software necessary for the management of the Website. The Supplier shall have no obligation to validate or vet the Content for usability, legality, content or correctness and shall not, in any event, be liable towards the Customer or any third party for any loss arising from or in connection with the Content;
(d)complying with all applicable laws and regulations concerning the Content, including (without limitation) for ensuring that the Website contains all information concerning the Customer, its products and the conduct of its business which are required.
(e)making regular back ups of the Content on any website from time to time.
5.2 The Customer shall use its best endeavours to ensure that all Content on the Website does not contain any viruses and/or other harmful code.
5.3 If the Customer wishes to use CGI/PHP/MYSQL scripts and/or other executable
programs on the Website, the Customer undertakes to make reasonable use of such scripts and/or programs.
5.4 If, in the Supplier’s opinion, the use of such scripts and/or executable programs is unreasonable or excessive and/or affects or may affect the Server or the provision of the Shared Hosting Services generally, the Supplier shall send an automated warning email to the Customer. The Customer shall acknowledge receipt of such email by return and shall inform the Supplier of the reason for such use. The Supplier reserves the right to suspend the Shared Hosting Services without further notice if the Customer does not provide an explanation which is satisfactory to the Supplier within 12 hours of receipt.
5.5 For the purpose of Conditions 5.3 and 5.4 above, the Supplier will take into account the following criteria in deciding whether the use is unreasonable or excessive:
(a)number of web requests per day (html, php, cgi, jpg, gif and others);
(b)use of the central processing unit (CPU) (more than 60 seconds at 100%);
(c)use of the RAM (more than 80 Mo per second);
(d)access by a server sql by 3 simultaneous connections (request/session) on
(the Supplier recommends to have short connections and to close them after use);
(e)for any other reasons which in the Supplier’s sole discretion may damage the
Supplier’s IT system.
5.6 Unless the Customer’s use of the scripts or programs by the Customer is
grossly excessive or has caused or is likely to cause damage to the website of one of the Supplier’s other customers, the Supplier shall endeavour to give reasonable notice to the Customer of such suspension by email.
5.7 The Customer acknowledges that unreasonable or excessive use of any
CGI/PHP/MYSQL scripts or other executable programs is incompatible with the nature of Shared Hosting Services and the Supplier may give the Customer the opportunity to opt for Dedicated Hosting Services instead.
5.8 The Customer shall not send any SPAM and acknowledges that the Supplier may install on the Server software to prevent the use of SPAM by its customers. Any failure to comply with this obligation entitles the Supplier to suspend the Shared Hosting Services either temporarily or permanently depending on the seriousness of the breach.
5.9 File hosting platforms are prohibited on shared hosting packages at Tonystam. This includes any site for storing, sharing, downloading and streaming. This prohibition applies to all types of files, for example: images, videos and music. Tonystam reserves the rights to suspend without notice any site used for this purpose and is hosted on a shared hosting package.
6.1 Notwithstanding the General Conditions, the Supplier shall send the
Customer at least 3 reminders before Expiry Date.
6.2 The Supplier shall be entitled to terminate the Shared Hosting Services for its own
convenience at any time and without incurring any liability by giving 30 days’ written
notice to the Customer.
6.3 The Supplier shall be entitled to suspend the Shared Hosting Services without
incurring any liability if the Customer commits a breach of Condition 5 of these Conditions
and, for the purpose of the General Conditions, any breach of
Condition 5 of these Conditions shall be deemed to be a material breach of the Contract.
6.4 The Supplier shall be entitled to erase the Content and any material uploaded on the
Server 5 days after the Expiry Date or forthwith upon the termination of the Contract for
any other reason whatsoever without incurring any liability towards the Customer.
7.1 Upon receiving the Customer’s application to register a Domain Name and
payment of the relevant fee, the Supplier shall use its reasonable endeavours
to procure the registration of the Domain Name chosen by the Customer with
the relevant Registry, provided that the Customer shall fully comply with the
registration procedure detailed in the following provisions of this Condition.
7.2 The Customer acknowledges that:
(a) Domain Names are granted by the relevant Registry on a “first
come, first served” basis;
(b) the Supplier cannot guarantee that the registration of the Domain
Name chosen by the Customer will be carried out by the relevant
Registry;
(c) the list of available Domain Names featured on the Supplier’s
website at www.tonystam.com is for information only and shall not be
binding on the Supplier. The Customer shall be free to check the
availability of a chosen Domain Name in real time by carrying out a
Whois search on the relevant databases; the Supplier shall not be
responsible for the content or accuracy of such databases.
7.3 The Customer shall be solely responsible for the choice of the Domain Name
and warrants that such Domain name shall:
(a) not infringe the rights of any third party including any third party’s
intellectual property rights; and
(b) be consistent with any and all applicable laws and regulations whether
under English law or regulation, the laws or regulations of the
Customer's country or any other place where the results of such
purpose or such Domain Name can be accessed.
Failure by the Customer to carry out a preliminary search
before applying to register a Domain Name registration may in
some circumstances constitute passing off and/or trade mark
infringement, and the use of certain words such as
geographical indications may be restricted by law.
7.4 The Customer shall provide all the documents and/or information required by
the relevant Registry to enable the Supplier to apply to register the Domain
Name with the Registry including (without limitation) the name and complete
contact details of the Customer, the Registrant, the administrative contact,
the technical contact, person in charge of the day to day management of the
Domain Name and the IP address of the relevant Server(s).
7.5 The Customer warrants and confirms that:
(a) it has authority to collect and disclose the personal details of the
Registrant, the administrative contact and the technical contact for the
purpose of the application to register the Domain Name and the
maintenance of such registration; and
(b) the information contained in the Domain Name application is true and
accurate and acknowledges that the Supplier shall have no duty to
verify the same before submitting the Domain Name application to the
relevant Registry.
7.6 The Supplier shall acknowledge receipt of the Customer’s Domain Name
application by email, confirming that the application has been submitted to
the relevant Registry and that the payment of the fee has been received, but
such email does not constitute confirmation that the chosen Domain Name
has been or will be registered by the relevant Registry.
7.7 If the Domain Name application is incomplete and/or erroneous and needs to
be modified by the Customer or cannot be accepted by the Registry for any
other reason whatsoever, the Supplier shall notify the Customer by email as
soon as reasonably practicable, and the Customer shall reply to such
notification within two (2) working days. The chosen Domain Name is not
reserved whilst the Domain Name application is pending, and may become
unavailable whilst the application is amended, in which case the Supplier
shall inform the Customer, who may choose an alternative Domain Name.
7.8 The Customer acknowledges that:
(a) any questions concerning the registration, renewal, cancellation,
destruction or transfer of a Domain name must be raised with the
Supplier and not directly with the relevant Registry;
(b) the mail address, email and fax number of the relevant Registry may
not be published in the Whois search;
(c) any dispute relating to the Domain Name may be subject to the dispute
resolution policy of the relevant Registry.
7.9 When the relevant Registry has formally confirmed to the Supplier that the
Domain Name registration has been successfully completed, the Supplier
shall notify the Customer the same within two (2) working days by email.
7.10 The Customer undertakes to inform the Supplier of any change in the
information provided to the Supplier by email at
info@tonystam.com or via the Supplier’s website at www.tonystam.com
within two (2) working days of such change. The Supplier shall be entitled to
suspend the Domain Name Service if, in the Supplier’s opinion, such
information appears false or fabricated.
8.1 The Supplier shall notify the Customer by email of date when the Domain
Name registration is due to expire (the “Expiry Date”). If the Customer pays
the renewal fee to the Supplier in full and in clear funds no later than the
Expiry Date, the Supplier shall endeavour to procure the relevant Registry to
renew the registration.
8.2 The registration of the Domain Name registration will automatically expire
unless it is renewed on or before the Expiry Date, and thereupon may
become available for registration by any third party.
8.3 If the Customer fails to pay the renewal fee within three (3) days after the
Expiry Date (time being of the essence), the Supplier shall be entitled to
suspend all Domain Name Services the Domain Name expiry date and shall
inform the Customer by email.
8.4 Any application for renewal of the domain name after its expiry date may
lead to delays in the effective online service. The Customer acknowledges
that the Supplier shall have the right to change without prior notice to the
Customer the renewal price charged by the Supplier for domains purchased
outside the Euro zone, in accordance with fluctuations in foreign exchange
rates (Euro / Dollars, Euro / Pound Sterling, Euro / Swiss Franc etc).
9.1 If the Customer transfers the Domain Name to a third party, it shall:
(a) notify the Supplier of the transfer by recorded delivery letter;
(b) pay the applicable fee to the Supplier;
(c) sign the transfer documents issued by the relevant Registrar and
comply with the Registry’s transfer procedure;
and the Supplier shall not be bound to recognise any
transfer unless and until the Customer has complied with all
the above.
9.2 If the Customer licenses the Domain Name to a third party, the Customer
shall remain solely responsible for the performance of its obligations under
the Contract (whether or not such licence has been notified to the Supplier).
9.3 If the Customer wishes to transfer responsibility for the Domain Name
Services from the Supplier to another Registrar (the “New Registrar”), the
Customer shall comply with the terms and conditions of the New Registrar,
and, unless the Domain Name in question is subject to a dispute with the
Supplier or a third party, the transfer shall be effective when the New
Registrar notifies the Supplier that the relevant Registry has registered the New Registrar as the Registrar for the Domain Name. The Customer shall not
be entitled to any refund of fees for any Domain Names Services in the event
of any such transfer.
10.1 The Supplier may suspend, cancel or transfer the Domain Name, without
notice or liability to the Customer, if ordered to do so by any court or
Registry of competent jurisdiction.
10.2 The Customer shall not transfer the Domain Name whilst the said Domain
Name is subject to a dispute.
The Supplier shall have no liability to the Customer under the
Contract for any act or omission of any Registry or if the
Customer:
11.1 fails to provide all the documents and/or information necessary to enable
the Supplier to apply for the Domain Name with the relevant Registry or if any such document and/or information is
false or misleading;
11.2 fails to obtain the consent of the Registrant, the administrative contact and
the technical contact to collect and disclose their personal details for the
purpose of carrying out the application for and the management of the
Domain Name registration; or
11.3 has no authority to apply for the registration of the Domain Name for and on
behalf of the Registrant.
Notwithstanding the General Conditions, the Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Supplier arising out of or in connection with any dispute or claim against the Customer and/or the Registrant concerning the Domain Name, whether such dispute or claim is heard by a court or by a dispute resolution service of any Registry.
The Domain Name being goods made to the Consumer's specifications or clearly personalised within the meaning of Article 13(1)(c) of the Consumer Protection (Distance Selling) Regulations 2000, the Customer shall have no right to cancel the Contract by giving notice of cancellation pursuant to the General Conditions.
14.1 Unless terminated, the Contract
shall continue for so long as the Domain Name remains registered, including
any renewal.
14.2 Notwithstanding the General Conditions, the
Supplier shall be entitled to suspend the Domain Name Services (including
without limitation registration of the Domain Name) and/or terminate the
Contract immediately by email notice to the Customer if:
(a) the Customer:
(i) provides any false or misleading information in connection with
any application for registration or renewal of the Domain Name;
(ii) is in breach of any terms and conditions, eligibility
requirements, specifications, procedures, rules and policy
(including without limitation conflict resolution procedures) of
the relevant Registry;
(iii) fails to pay any sums due under the Contract;
(iv) uses the Domain Name Services in a manner inconsistent with
any and all applicable laws and regulations or in breach of the
Supplier’s Acceptable Use Policy, which can be found at
tonystam.com;
(v) removes or attempts to remove any contact details required
under any rules and policy of the relevant Registry for the
validity of the Domain Name registration;
(b) the Domain Name is:
(i) subject to a dispute whether before a court or before any
Registry’s dispute resolution services;
(ii) used to send unsolicited marketing communications or in a manner
inconsistent with the generally accepted standards of conduct
relating to the use of the Internet or with any applicable law or
regulation.
Tonystam LLC. 8 The Green, Suite A, Dover, DE 19901, United States
