Terms and Conditions

1st Class Hosts provides Internet Domain Name registration, World Wide Web page hosting, marketing, and development.

By using or subscribing to our site you enter into a binding contract with us on the following terms and conditions.

3.1 We will permit you to access, use and interact with our site subject to these terms and conditions.

3.2 We will:

3.2.1 exercise reasonable care in compiling our site;

3.2.2 use reasonable efforts to make our site available to you at all times; and

3.2.3 take the steps set out in our privacy policy to endeavour to secure any personal data and credit card information you give us.

4.1 We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.

4.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.

4.3 We do not represent or warrant that:

4.3.1 any services (whether or not provided by us) will be provided with due care and skill; or

4.3.2 any goods (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).

4.4 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:

4.4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;

4.4.2 the unavailability of our site (or any part of it), goods or services;

4.4.3 any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;

4.4.4 any goods not being of merchantable quality or fit for their intended purpose; or

4.4.5 any misrepresentation on or relating to our site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).

4.5 Our maximum liability to your business in respect of your use of our site or any services we provide or make available to you through or in relation to our site will be the amount of any fees paid in advance on behalf of your business during the period in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.

4.6 You agree that each of these limitations is reasonable having regard to the nature of our site.

4.7 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site, good or service to you.

4.8 We will not be held liable for any posting, transmission or reception of information supplied by you, which infringes United Kingdom or International laws or regulations. You accept full liability for such material.

4.9 We do not allow any of the following content to be stored on our servers: 

• Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any United Kingdom or International laws or local regulations.

• Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of 1st Class Hosts.

• Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

• any file which is not used directly in relation to the display of web content

• you may not promote either spamming, violence, discrimination or illegal activities.

• your site shall not host forums, news groups or chat rooms directly on our servers

Domains which break this condition may be removed without notice or compensation and you will be fully liable for such activities.

4.10 All hosting accounts are to be used by the primary owner only. Account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads and personal ads. Customers may however resell our Reseller packages.

4.11 Order acceptance and the completion of the contract between you and us will take place on the dispatch of the Products ordered to you unless we have notified you that we do not accept your order or you have cancelled your order. Non-acceptance of an order may be a result of one of the following: 

• The product you ordered being unavailable from stock 

• Our inability to obtain authorisation for your payment 

• The identification of a pricing or product description error 

• You not meeting the eligibility to order criteria set out in the main Terms and Conditions

4.12 Please also see our Acceptable Use Policy

4.13 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

5.1 You agree to pay our charges at the rate applicable from time to time. Prices are in Pounds Sterling and are liable to change without notice. As well as our secure online payment system we accept cheques, postal orders and money orders and these should be made payable to 'First Class Software Ltd'. If payment is made from outside UK it must include any encashment charges that may apply.

5.2 If you fail at any time to pay any charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, deny you access to those areas of our site which are exclusively available to our customers. We need not provide you with advance notice in such circumstances.

5.3 All products and services must be paid for in advance (unless agreed in writing by a Director of 1st Class Hosts and accompanied by an authorised Purchase Order). Goods remain our property until payment in full is received. Services will be withdrawn if payment is not received by the invoice due date. Software products may have additional terms and conditions specified in an accompanying Licence.

5.4 We reserve the right to charge for technical support where the support required is deemed to be development or consultancy or where usage is excessive.

6.1 Certain links, including hypertext links, in our site will take you outside our site. These links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any site outside our own site.

6.2 If the products or services supplied by us include those from third parties then their terms and conditions also apply. Registration of all UK domain names are subject to Nominets Terms and Conditions

6.3 We reserve the right to refuse or remove adverts / links / classifieds at any time, without notice depending upon content, the usage of the site to which they refer or for any other reason.

7.1 We may terminate your contract immediately if you are in material breach of any of these terms and conditions and in particular upon any failure by you to pay our charge in accordance with these terms and conditions. You may terminate your contract at any time on 30 days notice to us.

7.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.

7.3 Any attempt to undermine or cause harm to a server or a customer of ours is strictly prohibited and will result in the termination of your contract.

7.4 We reserve the right to suspend or cancel your access to any or all services provided by us if we decide that your account has been used inappropriately.

7.5 We reserve the right to cancel our service at any time. All fees paid in advance of cancellation will be on a pro-rata basis and paid by us if we institute our right of cancellation. Any violation of policies which results in extra costs will be billed to you (i.e. transfer, space etc.). You can cancel and receive a full refund during the first 7 days after an original order is placed. If the order includes registration of Domain names, then those names will become our property or the amount refunded will take into account domain name costs. No refunds are available on monthly subscriptions, set-up fees or dedicated servers. Due to security concerns, all account cancellations must be done in writing via snail mail or fax with a valid signature of the primary contact of the account, account name, password and reason for cancellation. If payment was made by cheque or bank transfer, the zip/postal code of the primary contact must be included.

8 High Resource User Policy

8.1 Resources are defined as bandwidth and/or processor utilisation. We may implement the following policy at our sole discretion:

8.2 If your site is found to be monopolising the resources available we reserve the right to suspend that site immediately. This policy will only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby we will continue to host their site under certain additional conditions or for an additional fee.

Where in these terms representations and warranties are made to us and to suppliers of goods and services through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.

We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions or services will be posted on our site and by continuing to use our site or services following any such change you will signify that you agree to be bound by the revised terms and conditions of use.

We use a secure server that implements Secure Socket Layer technology to prevent any person from gaining access to your credit card or registration information whilst it is on our site or being transmitted across the internet.

If you discover that goods or services have been ordered from a supplier over our site using your credit card details in circumstances where you had not agreed to or authorised this, then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details, purchaser ID or password) our suppliers are required to refund to you the money they receive provided that:(a) you inform your credit card company and us of the unauthorised purchase as soon as you discover it; and (b) you co-operate with your credit card company, the supplier, us and, if necessary, the police in relation to the unauthorised use.

We have made every effort to make clear whether the quoted prices for goods and services available through our site include any relevant tax or duty or do not. Prices include VAT (Value Added Tax - currently at 17.5%) unless otherwise stated.

9.5 The use of your information

You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.

All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties (whereby appropriate permissions have been obtained from the copyright owner).

Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.

All other trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.

We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.

We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.

These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.

The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.

9.12 Content of site

We reserve the right not to design or publish material on the Internet, which we consider unsuitable.

9.13 Late or non-payment for services

We reserve the right to seek our legal costs on an indemnity basis for the recovery of a late payment or the non-payment for our services. We may also seek to recover interest on the amount due at the rate of 4% over the base rate of Barclays Bank at the time the payment becomes due.

In these terms and conditions:

10.1 ‘our site’ means our presence on the Internet;

10.2 ‘our’,‘we’ and ‘us’ means 1st Class Hosts which is a division and business name of First Class Software Ltd. registered in England under company number 3431283 and, where applicable, its officers, employees and authorised agents; and

10.3 ‘you’ and ‘your’ include any business with which you are associated and on behalf of which you use our site (‘your business’).