Blackfoot hosting

Blackfoot Terms and Conditions

Please read the Terms and Conditions before placing your order.

All dealings with Blackfoot are subject to UK law.

We reserve the right to amend and update these Terms and Conditions at any time without prior notice.

Blackfoot Hosting Ltd (herein referred to as Blackfoot) is a UK web hosting company hosting clients from all over the world. Blackfoot is a cheap web host providing 1st class services and support.

The Accounts

• All Blackfoot hosting accounts are payable in advance. This is not refundable should the client decide to transfer their domain to another host part way through the billing period.
• All Blackfoot Hosting accounts come with a 30 day money back guarantee.
• There is no charge from Blackfoot for domain name transfer out of Blackfoot.
• There is no charge from Blackfoot for UK domain name transfers to Blackfoot. There is a charge of £8.50 plus vat to transfer a .com, .net, .org, .biz or .info domain to Blackfoot and this extends the registration period by 1 year.
• Domain name registration is payable at the time of ordering and is non-cancellable and non-refundable. Blackfoot cannot guarantee that it will be able to register any requested Name and that until you have received specific confirmation of registration the client cannot assume that registration has been effected. In the event that Blackfoot is unable to register a domain for a client a refund or credit will be given.
• The contract for domain registration is between the client and the appropriate Naming Authority - Nominet UK for .uk domains and Enom for all other domains registered through Blackfoot. Blackfoot is acting as your agent. On ordering or transferring a domain name, client agrees to the terms and conditions as set out by the particular Naming Authority.
• Registration of a .co.uk, .org.uk, .ltd.uk, or .me.uk domain name involves making a contract with Nominet and constitutes acceptance of the:

  Nominet UK Terms.

• Registration of a .com, .net, .org, .biz, .info, .tv or .eu domain name constitutes acceptance of the:

  ENOM Domain Name Registration Terms and Conditions.

• Blackfoot gives no warranty that the Internet Domain Name requested will not infringe the rights of any third party and the client indemnifies Blackfoot in respect of any such infringements.
• It is important to note that if domain renewal fees remain unpaid after a domain registration expiry date, Enom may, at their discretion, enter the domain name into a state of 'Extended Redemption Grace Period (ERGP)', whereby the customer may still renew their domain name, however an additional charge of $250 will be levied.
• On ordering a .eu domain client agrees to the Enom deletion rules for .eu domains as follows: Client agrees to and acknowledges the special renewal and expiration terms set forth below for .eu domain names, including those terms set forth in the Registration Agreement. Client understands that unless the domain is set for autorenewal, the domain name must be explicitly renewed by the expiration date or the 20th of the month of expiration, whichever is sooner. (e.g. If the name expires on Sept 4th, 2008, then a manual renewal must be received by Sept 4th, 2008. If name expires on Sep 27th, 2008, the renewal request must be received prior to Sep 20th, 2008). If the name is not manually renewed or previously set to autorenew, a delete request will be issued by eNom. When a delete request is issued, the name will remain fully functional until expiration, but will no longer be renewable nor will we be able to make any modifications to the name. These terms are subject to change.
• For .EU domains the current registrant contact email address will receive email from the .EU registry (EURid) which needs to be approved within 7 days of the transfer order. The new expiration date of the domain will be 1 year from the completion date of the transfer.
• On ordering a hosting account or VPS Plan, client agrees to these terms and conditions.
• On ordering a SEO Program, client also agrees to the Blackfoot SEO Terms of Service located here:

  Blackfoot SEO Terms of Service.

• VPS Cpanel plans come with server management which includes Operating System updates, kernel updates and Cpanel updates and does not include support for client installed software nor shell access mistakes made by the client. If we are able to help with client installed software issues/shell access errors there will be an admin fee of GBP50/hr plus vat (billed in 15 min increments).
• The SiteStudio website builder is an optional free service for all shared hosting accounts and is not included with VPS plans.
• Blackfoot reserve the right to change prices at any time. The current prices shall be published at all times at the Blackfoot Web Site.
• All pricing is guaranteed for the term of the payment.
• All pricing is in UK Sterling. Other currencies can be selected on the Credit Card Order Form for the information of overseas clients. Cheques can only be accepted in UK Sterling and should be made payable to Blackfoot Hosting Ltd. Blackfoot has the right to decline or rescind any order.

Account Renewal

• To renew a quarterly or yearly account payment must be made before the start of the next billing period.
• Invoices for renewal of all services will usually be sent out via email 4 - 8 weeks before payment is due.
• All bills and invoices are sent by email.
• At all times the Client must specify a communications address, which should be an email address, to which Blackfoot may send all invoices, notices or other forms of communication, (particularly in an emergency). Should the Client fail to notify Blackfoot immediately of any change in particulars then Blackfoot shall not be liable for any loss to the Client arising from any such failure.
• If the renewal is not paid when it becomes due, on or before the last day of the client's account year and at least 2 requests for payment have been sent out to the client's last notified email address, then the account will be closed and the domain will be deleted from our servers.

Cancellation

• If a customer wants to cancel their hosting account within the first 30 days, then a full refund of monies paid for that hosting account ( not including any monies paid for domain name registration(s)) will be given. This applies to the hosting accounts only and all other services provided by Blackfoot are non- refundable.
• All transfer and cancellation requests must come from the account holder who shall provide sufficient customer identification information by fax to Blackfoot.
• Blackfoot reserve the right to suspend or cancel a customer's access to any or all services at any time without notice. If we cancel an account due to, in our opinion, the account being inappropriately used then no refund of monies will be due.

Acceptable Use

• All sites may be used for personal and commercial use but the client is responsible for the content of their pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate any laws.
• Blackfoot has the right to suspend the service immediately in the event of a breach or suspected breach by the client.
• Blackfoot do not put adverts on client's websites.
• Account holders are not permitted to resell or give away any of their webspace or any service provided by Blackfoot. The exceptions to this are for Partners and Reseller account holders (as they are permitted to resell their resold hosting accounts) and VPS plan holders. Account holders are also not permitted to allow anyone to use their account in any way that may be in breach of these terms and conditions.
• Any domain names that are forwarded to a hosted account or added (using either another providers forwarding service or the Addon or Parked domains feature in the control panel) must belong to the account holder.
• Clients accept that server downtime, whether for system upgrades or any other reason, may occur and there will be no compensation paid for any period of downtime in any event.
• We do not allow adult material, foul or abusive language, Warez, illegal MP3 sites, Slander / Libel, impersonations, promotion of violence or terrorism, racial / sexual / political discrimination or other services we deem inappropriate. The designation of "adult material" is left entirely to the discretion of Blackfoot and includes pornography and escort agencies. 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.
• We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources.
• Sites with archives of image files or other files for download that may put a serious drain on server resources are also not permitted.
• Accounts that use excessive amounts of system resources that result in degradation of server performance will be subject to suspension or deletion at our descretion.
• We police our sites regularly and any in breach of these terms and conditions will be removed from our servers.
• Bandwidth - If your traffic exceeds that allowed then a charge may be levied, until your bandwidth usage is reduced. If an excessive bandwidth levy is not paid within 2 weeks of the invoice being sent then the account will be cancelled and no refund will be paid. The current excess bandwidth charge for shared hosting accounts is £2 per gb (plus VAT) or part thereof per month. VPS plan holders who reach or exceed their bandwidth allocation will be required to upgrade their plan or order an additonal VPS plan.
• It is your responsibility to ensure that your password(s) and username are kept safe. You must not divulge the password(s) to any other person except your web designer or web consultant, and you should take reasonable precautions to ensure that they are not discovered by anyone else.
• We may grant access to any account on our servers if required to do so by a Legal Authority.
• Clients must not participate in any form of un-solicited bulk e-mailing or spam. Users may not: Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
• Any user forwarding mail to an aol.com address and subsequently marking that mail as spam (causing a detrimental effect to the server) will be subject to suspension/termination of their account.
• Email accounts are subject to a maximum limit of 500MB per address. Mail boxes larger than this limit can cause performance problems, and we therefore reserve the right to request that email is removed/archived to your own computer in cases where an individual mail box regularly exceeds this limit.
• For new hosting accounts a temporary address is provided to allow viewing of the web site prior to the domain propagating on our name servers and this must not be used for continual access to the web site. Therefore it is the responsibility of the domain owner or administrator to ensure that the domain name servers are modified or the domain is transfered to Blackfoot in accordance with the instructions provided in the welcome email as soon as possible after the account is set up.
• We do not permit the use of the following scripts on any of our servers:
  • Chat rooms except for those included in the control panel.
  • Matt Wright's formmail versions 1.91 and older.
  • Any scripts that can be exploited to allow unauthorized access.
  • Any scripts which become too resource intensive for a shared hosting environment.
• All scripts installed by our customers must be kept upto date with the latest secure version. Old scripts with known vulnerabilities as well as user developed scripts which may be insecure may be subject to deletion. When installing scripts the permissions must not be set to 777.
• Whenever possible, we will notify our customers in advance if we find possible problem scripts at their domain. This may not always be possible and it is your responsibility to ensure that your scripts are kept up to date and are secure.
• Users must not use .htaccess to bypass server rules.
• Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep backups of all data stored on your virtual server.
• We reserve the right to review included features and/or disable features for security reasons.
• Support is by email only. We endeavour to reply to all email within 24 hours.

Complaints

The Customer should address any complaints concerning the provision of the Services to the Company at the Company's address:

or by sending a fax to the Company at 08701 334832.

Indemnification

The Customer agrees that it shall defend, indemnify, save and hold Blackfoot harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Blackfoot, its agents, its customers, officers and employees, that may arise or result from the content of the customer's website including but not limited to any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Blackfoot against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Blackfoot's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Blackfoot's servers.

Disclaimer

• Blackfoot will not be liable for any damages or losses including loss of turnover, sales, revenue, profits or indirect consequential or special loss to you or your business.
• Blackfoot makes no warranties of any kind, expressed or implied for services we provide.
• Blackfoot disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Blackfoot and its employees.
• These Terms and Conditions do not affect your statutory rights.
• Any account in breach of these Terms and Conditions, determined soley at Blackfoot's descretion , shall be removed from our servers.
• Blackfoot reserves the right to revise its policies at any time.