TERMS & CONDITIONS

The information contained in this website is for general information purposes only. The information is provided by Hostgv and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Hostgv. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Hostgv  takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use and sale, which together with our privacy policy govern Hostgv's relationship with you in relation to this website.

The term Hostgv or "us" or "we" refers to the owner of the website.  The term "you" refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without Hostgv's prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

The purchase or attempted purchase of any Hostgv item from this website or from any third-party website (such as eBay.com or other auction sites) is subject to the following terms of sale:

• Application
  These terms govern the sale by Hostgv to you of products or services for which you place an order that is accepted by Hostgv.  We reserve the right to refuse service without explanation. Your placing of an order and or acceptance of the products shall be deemed to constitute acceptance of these terms.
   
• Orders
  All orders placed by you are subject to acceptance by Hostgv.  Hostgv reserves the right to revise prices, limit quantities, correct errors and refuse order at its discretion including, without limitation, orders from distributors, dealers and warehouse stores.
  
  If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible.  In the event that you order an item and the prices published on the website is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price.  We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price.
  
  Except as may otherwise be permitted by applicable law, you may not cancel an order which Hostgv has accepted without the agreement in writing of Hostgv, which requirement may be waived by Hostgv from time to time in its sole discretion.
   
• Delivery
  Hostgv shall use reasonable endeavours to deliver the products and services (including electronic delivery) within the timescale stated at the time of placing your order.
  
  In any case, Hostgv shall not be liable for any cost or damage caused by late or non-delivery of the products or services.  Any delay in delivery of the products or services shall not give you a right to reject any such delivery or cancel any applicable order.  Hostgv reserves the right to deliver the products and services in instalments.
   
• Payment
  Unless you have an agreed credit account, you must pay for the full cost of products and or services at the time you place your order.  Hostgv reserves the right, by giving you notice at the time you place you order, to increase the price of the products and or services to reflect any increase in the cost to Hostgv which is due to any factor beyond its control.
   
• Defects and Technical Errors
  Hostgv shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage (including hacking and cracking), negligence (including accidental damage), abnormal working conditions or misuse (including breach of reasonable acceptable use policies).  This policy is subject to the further product specific terms listed below:
  
  Websites
  All complete websites purchased from Hostgv will be free from defects in material, crafting and workmanship on the date of electronic delivery.  Hostgv shall be under no liability in respect of any defect arising from:
  1.  any malicious script, virus or the use of any other software;
  2.  any successful or unsuccessful hacking attempt;
  3.  any other attempt successful or otherwise to access your website;
  4.  any downtime caused by server or hosting disruption;
  5.  any loss of or damaged caused to any data held within your website or databases;
  6.  any negligence in relation to user-error;
  7.  any negligence in relation to user security;
  This list is not exhaustive and Hostgv reserve the right to treat and assess any claims on an individual basis, in accordance with our own policies.
  
  Hosting
  Hostgv reserves the right to refuse service and or access to its servers to anyone.  Hostgv does not allow any of the following content to be stored on its servers:
  
  1.  Adult material - including all pornography, erotic images, or otherwise lewd content. (Only allowed on accounts that are purchased for Adult Websites and you have confirmation in writing from Hostgv that you have been set up on Adult Hosting)
  2.  Excessive download content or non-linked content.
  3.  Live or streaming material. (Any video files or webcam applications or gaming)
  4.  Live media feeds.
  5.  Music, other than that to which the copyright or licence is held by you.
  6.  Software, other than that to which the copyright or licence is held by you.
  7.  Promotion of material concerning hacking, cracking, password databases and similar.
  8.  Any illegal content, including content that Hostgv may view as content likely to incite criminality.
  9.  Any material that constitutes hatred towards anybody or organisation.
  
  Material that may be deemed defamatory and or slanderous or material that in the opinion of Hostgv, is likely to create accusations of this nature is strictly prohibited.
  
  Any content or material found on our servers in breach of the above statements will be immediately deleted and if necessary copied to law enforcement agencies.
  
  Refusal of service based on content matching any of the above criteria is entirely at the discretion of Hostgv.
  
  Hostgv reserves the right to move your data to a different server with no previous notice.
  
  Hosting Support
  We will endeavour to provide a continuous high quality service.  If you experience problems with your service, you should consult our support website.
  
  Hosting Maintenance & Downtime
  Please note that we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services.  Information concerning scheduled downtime is available on our support website.
  
  We may also require suspension to some or all of our services for unscheduled periods to carry out emergency maintenance or repair to our services.  We may also need to implement immediate suspension to some or all of our services in the event of a breach of server security or an attempt to breach the servers security.  These periods of downtime are, thankfully, rare and such measures are taken to protect the valuable data and integrity of our customers accounts.
  
  If we can't fulfil a service level agreement, any applicable compensation will be limited to the total fees that you have prepaid, excluding setup fees.  You 'the customer' agree that Hostgv will refund no more than your monthly service fee.
  
  In any event Hostgv is under no liability in respect of these periods of downtime and such downtime periods do NOT fall within the scope of any associated uptime promise or guarantee.
  
  Hosting Resale
  All accounts other than our registered reseller accounts are to be used exclusively by the primary owner only, and do not allow the holders 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 website.  Exceptions to this include ad banners, classifieds ads, and personal ads.
  
  Customers may however resell the applicable and registered services with an applicable and registered reseller account.
  
  Hostgv reserve the right to suspend access to the API facilities of any reseller account if a customer's use is deemed to be affecting the platform.  Access may be reinstated pending investigation and appropriate fixes to any conflicts.
  
  Hosting Fair Use Policy
  High bandwidth usage:  Hostgv offers both unlimited and limited usage policies.  In rare cases, Hostgv may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers.  In such instances, Hostgv reserves the right to impose immediate restrictions on offending accounts up to and including suspension of service.
  
  Hosting Database Use Policy
  If you exceed any stated or imposed limits on our database products (MS SQL, MySQL etc.) then we will automatically charge you for the additional space you use at our current prices.
  
  High Resources Use Policy
  Resources are defined as bandwidth, processor utilization or disk space.
  
  Hostgv may implement the following policy to its sole discretion:
  
  When a website is found to be monopolising the resources available Hostgv reserves the right to suspend that site immediately.  This policy is only implemented in extreme circumstances and is intended to prevent misuse of our servers.  Customers may be offered an option whereby Hostgv continues hosting the offending website or account for an additional fee.
  
  Search Engine Submission
  Hostgv reserved the right to refuse Search Engine Submission services on the basis that such material or content to be submitted contains any content exactly like or similar to such content or material that is prohibited on our own server(s).  In the rare event that we use our discretion to refuse such an order a full refund in respect of monies paid for this service will be refunded.  In the event that such an order has already been processed the submission will be immediately stopped and a pro-rata refund will be issued for any outstanding monies.
  
  We do not provide a warranty or guarantee of success with this service.  Our search engine submission software sends your domain name, email address, business name and meta-tag details to search engines and Free For All (FFA) link sites.  This service does not list your details but merely passes them to the 1000s of websites as stated.  The individual listing policy of the recipient website will be responsible for administering such requests sent by Hostgv on your behalf.
  
  You 'the customer' agree that while Hostgv makes every effort on your behalf we cannot be held liable for or responsible for websites not listing your submission by refusal, error or otherwise.
   
• Cancellation and Refunds
  Hostgv reserves the right to cancel the service at any time.  In this event customer will be entitled to a pro-rata refund based upon the remaining period of membership.  If a customer contravenes Hostgv's terms of service a refund will not be issued in the event of a cancellation.
  
  Customers may cancel their account at any time by giving written notice to Hostgv.  Any incentives offered to customers who choose to cancel their service will be withdrawn and or cancelled.
  
  Fees charged on a pre-pay basis are non-refundable. 
   
• Chargebacks
  Any customer withdrawing payments via bank or credit card (a 'chargeback') may be subject to a punitive fee of US$50, should Hostgv deem this chargeback to be unfair.  We also reserve the right to defend such chargebacks and recover the original monies from the card issuer.
   
• Indemnification
  You 'the customer' agree that you shall defend, indemnify, save and hold Hostgv and it's owners harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Hostgv, 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, its agents, employees or assigns.  You 'the customer' agree to defend, indemnify and hold harmless Hostgv against liabilities arsing out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hostgv and its server(s); (2) any material supplied by you 'the customer' infringing ot allegedly infringing on the proprietary rights of a thrid party; (3) copyright infringment and (4) and defective products sold to the customer from the Hostgv server(s).
   
• Disclaimer
  Hostgv will not be responsible for any damages your business may suffer.  Hostgv makes no warranties of any kind, expressed or implied for services we provide.  Hostgv does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Hostgv cannot guarantee to be able to replace lost data.  Hostgv disclaims any warranty or merchantability or fitness for a particular purpose.  This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruption caused by Hostgv and its employees. 
  
  Hostgv shall not be liable for any loss of income or profits or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by the negligence of Hostgv, its breach or non-performance or any of its obligations under these Terms or otherwise. These Terms set out the full extent of Hostgv's obligations and liabilities in respect of the sale of the products and services. In particular there are no conditions, warranties or other terms, expressed or implied, as to satisfactory quality, fitness for a particular purpose or of any other kind whatsoever, that are binding on Hostgv except as specifically stated in these Terms. Any condition, warranty or other term concerning the sale of the products or services, which might otherwise be implied into or incorporated within these Terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

  Hostgv may and without notice transfer its rights, responsibilities and obligations under these terms, under any service plan and under law (where lawful to do so) to any third party.

  Hostgv reserves the right to revise its policies at any time.

  Any dispute arising out of any purchase from this website or third-party website from which Hostgv trades (such as auctions sites) is subject to the laws of England and Wales.
  
  PLEASE NOTE:  By signing up to any of our services or products, or by making or attempting to make a purchase of any of our services or products you agree to be bound by all of Hostgv's terms and conditions.

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