TERMS OF SERVICE

Hosting Services agreement

Date

The date the TOS is accepted via the billing system.

Parties

1. Innzone Hosting, a company incorporated in England and Wales registration number 11101976 having its registered office at 20-22 Wenlock Road, London, England, N1 7GU and

2. This Terms of Service Agreement includes our Acceptable Use Policy (AUP), Privacy Policy and Service Level Agreement (SLA). It is very important that you read this TOS in its entirety. By registering as a Client ("Customer"), you consent to be bound by this TOS. It is your responsibility to ensure that your usage of our Services is in compliance with this TOS as the "Customer").

Background

1. InnZoneHosting.com ("Innzone Hosting", "us", "we", or "our") has developed online services ("Services") which consist of Domain Registrations/Transfers/Management, Shared Hosting, Semi-Dedicated Hosting, Reseller Hosting, Dedicated Servers, Data Backups and any related add-on products.

2. You are responsible for ensuring that materials disseminated or posted using our Services, including materials that have been posted by third parties, comply with this TOS, and relevant laws. We do not censor, edit, review, or take responsibility for any information Customers or End Users may create, therefore, we cannot accept any responsibility from Customers, users of our Services through third parties, or third parties, that results from inaccurate, unsuitable, offensive, or illegal content or transactions.

Use of our Services requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of the Services.

The Customer agrees that he or she has the knowledge and skills necessary to properly use the Services. It is not our responsibility to provide such knowledge or skills beyond our commitment to support your use of our Services as set forth in the TOS.

3. The Host and the Customer therefore wish to enter into a contract in accordance with the provisions of this Agreement.

Agreement

1. Definitions

1.1 In this Agreement, except to the extent expressly provided otherwise:

"Affiliate" means an entity that Controls, is Controlled by, or is under common Control with the relevant entity;

"Agreement" means this agreement including any Schedules, and any amendments to this Agreement from time to time;

"Business Day" means any weekday other than a bank or public holiday in England;

"Business Hours" means the hours of 07:00 to 20:00 GMT/BST on a Business Day;

"Charges" means the following amounts:

(a) the amounts specified in Paragraph 2 of Schedule 1 (Hosting Services particulars); and

(b) such amounts as may be agreed by the parties in writing from time to time;

"Confidential Information" means the Host Confidential Information and the Customer Confidential Information;

"Control" means the legal power to control (directly or indirectly) the management of an entity (and "Controlled" should be construed accordingly);

"Customer Confidential Information" means:

(a) any information disclosed by the Customer to the Host at any time before the termination of this Agreement (whether disclosed in writing, orally or otherwise) that at the time of disclosure was marked as "confidential" or should have been understood by the Host (acting reasonably) to be confidential; and

"Customer Indemnity Event" has the meaning given to it in Clause 12.3;

"Customer Personal Data" means any Personal Data that is processed by the Host on behalf of the Customer in relation to this Agreement, but excluding personal data with respect to which the Host is a data controller;

"Data Protection Laws" means all applicable laws relating to the processing of Personal Data including, while it is in force and applicable to Customer Personal Data, the General Data Protection Regulation (Regulation (EU) 2016/679);

"Effective Date" means the date of execution of this Agreement;

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

"Host Confidential Information" means:

(a) any information disclosed by the Host to the Customer at any time before the termination of this Agreement (whether disclosed in writing, orally or otherwise) that at the time of disclosure was marked as "confidential" or should have been understood by the Customer (acting reasonably) to be confidential; and

(b) the terms of this Agreement;

"Host Indemnity Event" has the meaning given to it in Clause 12.1;

"Hosted Data" means all data, works and materials: uploaded to or stored on the Hosting Platform by the Customer, or by any third party using any software made available by means of the Hosting Platform; transmitted by the Hosting Platform at the instigation of the Customer, or at the instigation of any third party using any software made available by means of the Hosting Platform; or supplied by the Customer to the Host for uploading to, transmission by or storage on the Hosting Platform;

"Hosting Account" means an online account enabling a person to configure and manage the Hosting Services;

"Hosting Platform" means the platform managed by the Host and used by the Host to provide the Hosting Services, including the application, database, system and server software used to provide the Hosting Services, and the computer hardware on which that application, database, system and server software is installed;

"Hosting Services" means those web hosting services specified in Paragraph 1 of Schedule 1 (Hosting Services particulars) which will be made available by the Host to the Customer as a service via the internet in accordance with this Agreement;

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

"Minimum Term" means, in respect of this Agreement, the period of 12 months beginning on the Effective Date;

"Personal Data" has the meaning given to it in the Data Protection Laws applicable in the United Kingdom from time to time;

"Schedule" means any schedule attached to the main body of this Agreement; and

"Term" means the term of this Agreement, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2.

2. Term

2.1 This Agreement shall come into force upon the Effective Date.

2.2 This Agreement shall continue in force subject to termination in accordance with Clause 15 or any other provision of this Agreement.

3. Hosting Services

3.1 The Hosting Platform will automatically generate a Hosting Account for the Customer on the Effective Date and will provide to the Customer login details for that Hosting Account

3.2 The Host hereby grants to the Customer a right to use the Hosting Services for the business purposes of the Customer in accordance with any relevant documentation supplied by the Host to the Customer during the Term.

3.3 The right granted by the Host to the Customer under Clause 3.2 is subject to the following limitation:

(a) the Hosting Account may only be used by the officers, employees, agents and subcontractors of either the Customer or an Affiliate of the Customer;

3.4 Except to the extent expressly permitted in this Agreement or required by law on a non-excludable basis, the licence granted by the Host to the Customer under Clause 3.2 is subject to the following prohibitions:

(a) the Customer must not sub-license its right to access and use the Hosting Account;

(b) the Customer must not permit any unauthorised person to access or use the Hosting Account; and

(c) the Customer must not make any alteration to the Hosting Platform[, except as expressly permitted by the documentation supplied by the Host to the Customer.

3.5 The Customer shall use reasonable endeavours, including reasonable security measures relating to Hosting Account access details, to ensure that no unauthorised person may gain access to the Hosting Account or any element of the Hosting Services that is accessible using the Hosting Account.

3.6 The Customer shall have no administrative access or administration rights in relation to the Hosting Platform, save to the extent that the Host has expressly agreed otherwise in writing.

3.7 The parties acknowledge and agree that Schedule 3 (Availability SLA) shall govern the availability of the Hosting Services.

3.8 The Customer must comply with Schedule 2 (Acceptable Use Policy), and must ensure that all persons using the Hosting Services[ with the authority of the Customer] comply with Schedule 2 (Acceptable Use Policy).

3.9 For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Hosting Platform, either during or after the Term.

3.10 The Host may suspend the provision of the Hosting Services if any amount due to be paid by the Customer to the Host under this Agreement is overdue, and the Host has given to the Customer at least [30 days'] written notice, following the amount becoming overdue, of its intention to suspend the Hosting Services on this basis.

4. Customer obligations

4.1 Save to the extent that the parties have agreed otherwise in writing, the Customer must provide to the Host, or procure for the Host, such:

(a) co-operation, support and advice;

(b) information and documentation; and

(c) governmental, legal and regulatory licences, consents and permits,

as are reasonably necessary to enable the Host to perform its obligations under this Agreement.

4.2 The Customer must provide to the Host, or procure for the Host, such access to the Customer's computer hardware, software, networks and systems as may be reasonably required by the Host to enable the Host to perform its obligations under this Agreement.

5. Hosted Data

5.1 The Customer hereby grants to the Host a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Hosted Data to the extent reasonably required for the performance of the Host's obligations and the exercise of the Host's rights under this Agreement, together with the right to sub-license these rights to its own hosting, connectivity and telecommunications service providers to the extent reasonably required for the performance of the Host's obligations and the exercise of the Host's rights under this Agreement.

5.2 The Customer warrants to the Host that the Hosted Data will not infringe the Intellectual Property Rights[ or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.

5.4 The Host shall create a back-up copy of the Hosted Data at least daily, shall ensure that each such copy is sufficient to enable the Host to restore the Hosting Services to the state they were in at the time the back-up was taken, and shall retain and securely store each such copy for a minimum period of 30 days.

5.3 If the Host reasonably suspects that any element of the Hosted Data breaches Clause 5.2, or breaches any provision of Schedule 2 (Acceptable Use Policy), the Host may edit or delete the relevant Hosted Data to the extent reasonably necessary to ensure that it no longer breaches that provision.

5.5 Within the period of 1 Business Day following receipt of a written request from the Customer, the Host shall use all reasonable endeavours to restore to the Hosting Platform the Hosted Data stored in any back-up copy created and stored by the Host in accordance with Clause 5.4. The Customer acknowledges that this process will overwrite the Hosted Data stored on the Hosting Platform prior to the restoration.

5.6 Save to the extent expressly provided otherwise in this Agreement, the Customer shall be responsible for creating and maintaining back-ups of the Hosted Data and any other relevant data relating to the Hosting Services, and if necessary for restoring such data to the Hosting Platform.

5.7 Upon the date of effective termination of this Agreement, the Host shall make available to the Customer for download an electronic copy of the Hosted Data (as constituted upon that date). The Host shall however have no obligations under this Clause 5.7 to make available such Hosted Data if any amounts payable by the Customer to the Host under this Agreement are due but unpaid upon that date. The Customer acknowledges that whilst the Host may delete the Hosted Data from its computer

systems following termination, the Host may also retain such Hosted Data after termination for legal compliance and/or technical reasons, subject in each case to the other provisions of this Agreement.

6. No assignment of Intellectual Property Rights

6.1 Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from the Host to the Customer, or from the Customer to the Host.

7. Charges

7.1 The Customer shall pay the Charges to the Host in accordance with this Agreement.

7.2 All amounts stated in or in relation to this Agreement are, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by the Customer to the Host.

7.3 The Host may elect to vary any element of the Charges by giving to the Customer not less than 30 days written notice of the variation expiring on any anniversary of the date of execution of this Agreement, providing that no such variation shall constitute a percentage increase in the relevant element of the Charges that exceeds 2% over the percentage increase, since the date of the most recent variation of the relevant element of the Charges under this Clause 7.3 (or, if no such

variation has occurred, since the date of execution of this Agreement), in the Retail Prices Index (all items) published by the UK Office for National Statistics.

8. Payments

8.1 The Host shall issue invoices for the Charges to the Customer from time to time during the Term.

8.2 The Customer must pay the Charges to the Host within the period of 7 days following the issue of an invoice in accordance with this Clause 8.

8.3 The Customer must pay the Charges by debit card, credit card, direct debit, bank transfer or PayPal (using such payment details as are notified by the Host to the Customer from time to time).

8.4 If the Customer does not pay any amount properly due to the Host under this Agreement, the Host may:

(a) charge the Customer interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month);

9. Confidentiality obligations

9.1 The Host must:

(a) keep the Customer Confidential Information strictly confidential;

(b) not disclose the Customer Confidential Information to any person without the Customer's prior written consent, and then only under conditions of confidentiality approved in writing by the Customer;

(c) use the same degree of care to protect the confidentiality of the Customer Confidential Information as the Host uses to protect the Host's own confidential information of a similar nature, being at least a reasonable degree of care;

(d) act in good faith at all times in relation to the Customer Confidential Information; and

(e) not use any of the Customer Confidential Information for any purpose other than Hosting purposes.

9.2 The Customer must:

(a) keep the Host Confidential Information strictly confidential;

(b) not disclose the Host Confidential Information to any person without the Host's prior written consent, and then only under conditions of confidentiality approved in writing by the Host;

(c) use the same degree of care to protect the confidentiality of the Host Confidential Information as the Customer uses to protect the Customer's own confidential information of a similar nature, being at least a reasonable degree of care;

(d) act in good faith at all times in relation to the Host Confidential Information; and

(e) not use any of the Host Confidential Information for any purpose other than Hosting purposes.

9.3 Notwithstanding Clauses 9.1 and 9.2, a party's Confidential Information may be disclosed by the other party to that other party's officers, employees, professional advisers, insurers, agents and subcontractors who have a need to access the Confidential Information that is disclosed for the performance of their work with respect to this Agreement and who are bound by a written agreement or professional obligation to protect the confidentiality of the Confidential Information that is

disclosed.

9.4 No obligations are imposed by this Clause 9 with respect to a party's Confidential Information if that Confidential Information:

(a) is known to the other party before disclosure under this Agreement and is not subject to any other obligation of confidentiality;

(b) is or becomes publicly known through no act or default of the other party;

9.5 The restrictions in this Clause 9 do not apply to the extent that any Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, or pursuant to disclosure requirements relating to the listing of the stock of either party on any recognised stock exchange.

9.6 Upon the termination of this Agreement, each party must immediately cease to use the other party's Confidential Information.

9.7 Following the termination of this Agreement, and within 5 Business Days following the date of receipt of a written request from the other party the relevant party must destroy or return to the other party (at the other party's option) all media containing the other party's Confidential Information, and must irrevocably delete the other party's Confidential Information from its computer systems.

9.8 The provisions of this Clause 9 shall continue in force indefinitely following the termination of this Agreement.

10. Data protection

10.1 Each party shall comply with the Data Protection Laws with respect to the processing of the Customer Personal Data.

10.2 The Customer warrants to the Host that it has the legal right to disclose all Personal Data that it does in fact disclose to the Host under or in connection with this Agreement.

10.3 The Customer shall only supply to the Host, and the Host shall only process, in each case under or in relation to this Agreement:

(a) the Personal Data of data subjects falling within the categories specified in Paragraph 1 of Schedule 4 (Data processing information); and

(b) Personal Data of the types specified in Paragraph 2 of Schedule 4 (Data processing information).

10.4 The Host shall only process the Customer Personal Data for the purposes specified in Paragraph 3 of Schedule 4 (Data processing information).

10.5 The Host shall only process the Customer Personal Data during the Term, subject to the other provisions of this Clause 10.

10.6 The Host shall only process the Customer Personal Data on the documented instructions of the Customer (including with regard to transfers of the Customer Personal Data to any place outside the European Economic Area), as set out in this Agreement or any other document agreed by the parties in writing.

10.7 The Customer hereby authorises the Host to make the following transfers of Customer Personal Data:

(a) the Host may transfer the Customer Personal Data internally to its own employees, offices and facilities, providing that such transfers must be protected by appropriate safeguards.

(b) the Host may transfer the Customer Personal Data to its sub-processors in the jurisdictions identified in Paragraph 5 of Schedule 4 (Data processing information), providing that such transfers must be protected by any appropriate safeguards identified therein; and

(c) the Host may transfer the Customer Personal Data to a country, a territory or sector to the extent that the European Commission has decided that the country, territory or sector ensures an adequate level of protection for Personal Data.

10.8 The Host shall promptly inform the Customer if, in the opinion of the Host, an instruction of the Customer relating to the processing of the Customer Personal Data infringes the Data Protection Laws.

10.9 Notwithstanding any other provision of this Agreement, the Host may process the Customer Personal Data if and to the extent that the Host is required to do so by applicable law. In such a case, the Host shall inform the Customer of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest.

10.10 The Host shall ensure that persons authorised to process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

10.11 The Host and the Customer shall each implement appropriate technical and organisational measures to ensure an appropriate level of security for the Customer Personal Data, including those measures specified in Paragraph 4 of Schedule 4 (Data processing information).

10.12 The Host must not engage any third party to process the Customer Personal Data without the prior specific or general written authorisation of the Customer. In the case of a general written authorisation, the Host shall inform the Customer at least 14 days in advance of any intended changes concerning the addition or replacement of any third party processor, and if the Customer objects to any such changes before their implementation, then the Host must not implement the changes.

10.13 As at the Effective Date, the Host is hereby authorised by the Customer to engage, as sub-processors with respect to Customer Personal Data, third parties within the categories identified in Paragraph 5 of Schedule 4 (Data processing information).

10.14 The Host shall, insofar as possible and taking into account the nature of the processing, take appropriate technical and organisational measures to assist the Customer with the fulfilment of the Customer's obligation to respond to requests exercising a data subject's rights under the Data Protection Laws.

10.15 The Host shall assist the Customer in ensuring compliance with the obligations relating to the security of processing of personal data, the notification of personal data breaches to the supervisory authority, the communication of personal data breaches to the data subject, data protection impact assessments and prior consultation in relation to high-risk processing under the Data Protection Laws. The Host may charge the Customer at its standard time-based charging rates for any work

performed by the Host at the request of the Customer pursuant to this Clause 10.15.

10.16 The Host must notify the Customer of any Personal Data breach affecting the Customer Personal Data without undue delay and, in any case, not later than 72 hours after the Host becomes aware of the breach.

10.17 The Host shall make available to the Customer all information necessary to demonstrate the compliance of the Host with its obligations under this Clause 10 and the Data Protection Laws. The Host may charge the Customer at its standard time-based charging rates for any work performed by the Host at the request of the Customer pursuant to this Clause 10.17, providing that no such charges shall be levied with respect to the completion by the Host (at the reasonable request of the

Customer, not more than once per calendar year) of the standard information security questionnaire of the Customer.

10.18 The Host shall, at the choice of the Customer, delete or return all of the Customer Personal Data to the Customer after the provision of services relating to the processing, and shall delete existing copies save to the extent that applicable law requires storage of the relevant Personal Data.

10.19 The Host shall allow for and contribute to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer in respect of the compliance of the Host's processing of Customer Personal Data with the Data Protection Laws and this Clause 10. The Host may charge the Customer at its standard time-based charging rates for any work performed by the Host at the request of the Customer pursuant to this Clause 10.19, providing that no such charges shall be

levied where the request to perform the work arises out of any breach by the Host of this Agreement or any security breach affecting the systems of the Host.

10.20 If any changes or prospective changes to the Data Protection Laws result or will result in one or both parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under this Agreement, then the parties shall use their best endeavours promptly to agree such variations to this Agreement as may be necessary to remedy such non-compliance.

11. Warranties

11.1 The Host shall provide the Hosting Services in accordance with the standards of skill and care reasonably expected from a leading service provider in the Host's industry.

11.2 The Host warrants to the Customer that:

(a) the Host has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement;

(b) the Host will comply with all applicable legal and regulatory requirements applying to the exercise of the Host's rights and the fulfilment of the Host's obligations under this Agreement; and

(c) the Host has or has access to all necessary know-how, expertise and experience to perform its obligations under this Agreement.

11.3 The Customer warrants to the Host that it has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement.

11.4 All of the parties' warranties and representations in respect of the subject matter of this Agreement are expressly set out in this Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Agreement will be implied into this Agreement or any related contract.

12. Indemnities

12.1 The Host shall indemnify and shall keep indemnified the Customer against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Customer and arising directly or indirectly as a result of any breach by the Host of this Agreement.

12.2 The Customer must:

(a) upon becoming aware of an actual or potential Host Indemnity Event, notify the Host;

(b) provide to the Host all such assistance as may be reasonably requested by the Host in relation to the Host Indemnity Event;

(c) allow the Host the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties relating to the Host Indemnity Event; and

(d) not admit liability to any third party in connection with the Host Indemnity Event or settle any disputes or proceedings involving a third party and relating to the Host Indemnity Event without the prior written consent of the Host,

without prejudice to the Host's obligations under Clause 12.1 shall not apply unless the Customer complies with the requirements of this Clause 12.2.

12.3 The Customer shall indemnify and shall keep indemnified the Host against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Host and arising directly or indirectly as a result of any breach by the Customer of this Agreement.

12.4 The Host must:

(a) upon becoming aware of an actual or potential Customer Indemnity Event, notify the Customer;

(b) provide to the Customer all such assistance as may be reasonably requested by the Customer in relation to the Customer Indemnity Event;

(c) allow the Customer the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties relating to the Customer Indemnity Event; and

(d) not admit liability to any third party in connection with the Customer Indemnity Event or settle any disputes or proceedings involving a third party and relating to the Customer Indemnity Event without the prior written consent of the Customer,

without prejudice to the Customer's obligations under Clause 12.3 shall not apply unless the Host complies with the requirements of this Clause 12.4.

12.5 The indemnity protection set out in this Clause 12 shall not be subject to the limitations and exclusions of liability set out in this Agreement, except exceptions.

13. Limitations and exclusions of liability

13.1 Nothing in this Agreement will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

13.2 The limitations and exclusions of liability set out in this Clause 13 and elsewhere in this Agreement:

(a) are subject to Clause 13.1; and

(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.

13.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.

13.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.

13.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.

13.6 Neither party shall be liable to the other party in respect of any loss of use or production.

13.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.

13.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 13.8 shall not protect the Host unless the Host has fully complied with its obligations under Clause 5.4 and Clause 5.5.

13.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.

13.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of:

(a) [65.00]; and

(b) the total amount paid and payable by the Customer to the Host under this Agreement in the 12 month period preceding the commencement of the event or events.

13.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the greater of:

(a) [65.00]; and

(b) the total amount paid and payable by the Customer to the Host under this Agreement.

14. Force Majeure Event

14.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement[ (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.

14.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must:

(a) promptly notify the other; and

(b) inform the other of the period for which it is estimated that such failure or delay will continue.

14.3 A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.

15. Termination

15.1 The Host may terminate this Agreement by giving to the Customer not less than 30 days' written notice of termination, expiring at the end of any calendar month. The Customer may terminate this Agreement by giving to the Host not less than 30 days written notice of termination, expiring after the end of the Minimum Term.

15.2 The Host may terminate this Agreement immediately by giving written notice to the Customer if:

(a) any amount due to be paid by the Customer to the Host under this Agreement is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and

(b) the Host has given to the Customer at least 30 days written notice, following the failure to pay, of its intention to terminate this Agreement in accordance with this Clause 15.1.

15.3 The rights of termination set out in this Agreement shall not exclude any rights of termination available at law.

16. Effects of termination

16.1 Upon the termination of this Agreement, all of the provisions of this Agreement shall cease to have effect, save that the following provisions of this Agreement shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3.9, 5.7, 8.2, 8.4, 9, 10.1, 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.12, 10.13, 10.14, 10.15, 10.16, 10.17, 10.18, 10.19, 10.20, 12, 13, 16, 19, 20, 21, 22, 23.1, 23.2, 24, 25 and 26.

16.2 Except to the extent that this Agreement expressly provides otherwise, the termination of this Agreement shall not affect the accrued rights of either party.

16.3 Within 30 days following the termination of this Agreement for any reason:

(a) the Customer must pay to the Host any Charges in respect of Hosting Services provided to the Customer before the termination of this Agreement; and

(b) the Host must refund to the Customer any Charges paid by the Customer to the Host in respect of Hosting Services that were to be provided to the Customer after the termination of this Agreement,

without prejudice to the parties' other legal rights.

17. Notices

17.1 Any notice from one party to the other party under this Agreement must be given by one of the following methods (using the relevant contact details set out in Clause 17.2 and Paragraph 3 of Schedule 1 (Hosting Services particulars)):

(a) sent by recorded signed-for post, in which case the notice shall be deemed to be received 4 Business Days following posting, providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.

17.2 The Host's contact details for notices under this Clause 17 are as follows:

Email:

Support: Support@innzonehosting.com

Billing: Billing@innzonehosting.com

Registered office address : 20-22 Wenlock Road, London, England, N1 7GU

17.3 The addressee and contact details set out in Clause 17.2 and Paragraph 3 of Schedule 1 (Hosting Services particulars) may be updated from time to time by a party giving written notice of the update to the other party in accordance with this Clause 17.

18. Subcontracting

18.1 The Host must not subcontract any of its obligations under this Agreement without the prior written consent of the Customer, providing that the Customer must not unreasonably withhold or delay the giving of such consent.

18.2 The Host shall remain responsible to the Customer for the performance of any subcontracted obligations.

19. Assignment

19.1 The Customer hereby agrees that the Host may assign, transfer or otherwise deal with the Host's contractual rights and obligations under this Agreement, such consent not to be unreasonably withheld or delayed, providing that the Host may assign the entirety of its rights and obligations under this Agreement to any Affiliate of the Host or to any successor to all or a substantial part of the business of the Host from time to time.

19.2 The Host hereby agrees that the Customer may assign, transfer or otherwise deal with the Customer's contractual rights and obligations under this Agreement, such consent not to be unreasonably withheld or delayed, providing that the Customer may assign the entirety of its rights and obligations under this Agreement to any Affiliate of the Customer or to any successor to all or a substantial part of the business of the Customer from time to time.

20. No waivers

20.1 No breach of any provision of this Agreement will be waived except with the express written consent of the party not in breach.

20.2 No waiver of any breach of any provision of this Agreement shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of this Agreement.

21. Severability

21.1 If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

21.2 If any unlawful and/or unenforceable provision of this Agreement would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22. Third party rights

22.1 This Agreement is for the benefit of the parties, and is not intended to benefit or be enforceable by any third party.

22.2 The exercise of the parties' rights under this Agreement is not subject to the consent of any third party.

23. Variation

23.1 This Agreement may not be varied except in accordance with this Clause 23.

23.2 This Agreement may be varied by means of a written document signed by or on behalf of each party.

23.3 The Host may vary this Agreement by giving to the Customer at least 30 days' written notice of the proposed variation, providing that if the Host gives to the Customer a notice under this Clause 23.3, the Customer shall have the right to terminate this Agreement by giving written notice of termination to the Host at any time during the period of 14 days following receipt of the Host's notice.

24. Entire agreement

24.1 The main body of this Agreement and the Schedules shall constitute the entire agreement between the parties in relation to the subject matter of this Agreement, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

24.2 Neither party will have any remedy in respect of any misrepresentation (whether written or oral) made to it upon which it relied in entering into this Agreement.

24.3 The provisions of this Clause 24 are subject to Clause 13.1.

25. Law and jurisdiction

25.1 This Agreement shall be governed by and construed in accordance with English law.

25.2 Any disputes relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of England.

26. Interpretation

26.1 In this Agreement, a reference to a statute or statutory provision includes a reference to:

(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b) any subordinate legislation made under that statute or statutory provision.

26.2 The Clause headings do not affect the interpretation of this Agreement.

26.3 References in this Agreement to "calendar months" are to the 12 named periods (January, February and so on) into which a year is divided.

26.4 In this Agreement, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

Execution

The parties have indicated their acceptance of this Agreement by accepting the terms and conditions when signing up for the service.

Schedule 1 (Hosting Services particulars)

Specification of Hosting Services

Our Hosting products consists of Domain Registrations/Transfers/Management, Shared Hosting, Semi-Dedicated Hosting, Reseller Hosting, Dedicated Servers, Data Backups and any related add-on products.

Delivery of Service

Once you have placed an order and paid for the order, an account will be created for you on Innzone Hosting, Your password and account details will be emailed to you immediately.

The service will be provisioned after you have paid and you will be able to use the service immediately.

If an order is detected as fraudulent, then the order will be blocked and you will need to supply further personal details that we will request from you in such a case.

Website Transfer

We offer a complimentary website transfer service for new customers. If you are moving to us from another hosting provider, we can assist with the transfer of your website's data from your previous hosting provider to our servers.

Our staff will make every effort to help you to transfer your website's data to us, however this is done on a courtesy basis and we cannot make any guarantees about the success of the website transfer and the amount of time involved.

To ensure fairness for all Customers, website transfer requests are processed in the order that we receive them. This process can potentially take up to 48 hours depending on transfer queue size, but we will usually complete them much sooner. If a transfer request needs to be fulfilled before a certain date/time, please log a support ticket in advance so it can be scheduled for you.

The process behind a website transfer is dependent on many factors which are often beyond our control. For example, your previous hosting provider's server may be inaccessible or experiencing technical issues (contributing to high server load, etc). Your previous hosting provider may also have disabled the Backup function, or may be running a different control panel other than cPanel. Any of the aforementioned factors can contribute significantly to the amount of time required to transfer your website's data, or whether we could even assist you to transfer your website's data to begin with.

Due to possible differences between your previous provider's hosting environment and ours, it is possible that your website may not function properly after the transfer. It is your responsibility to check for possible issues, as well as the integrity of your website's data and inform us immediately if there is any issue, so that we can investigate and address accordingly. You are encouraged to maintain your previous hosting provider's service for at least 14 days after your website has been transferred to us, in order to allow you buffer time to look through your transferred website's data thoroughly and raise any possible issue to us for investigation.

Backups - Data Storage

Encryption: Industry-leading AES-256 encryption is used to encrypt any data that is backed up on our remote backup servers.

Location: We maintain remote backup servers in several locations within Europe and the United States. This means regardless of the hosting location which you selected for your Services, through the backup process, it is possible that your data will be stored in an encrypted form within Europe and the United States. We reserve the right to change the location of the remote backup servers at our sole discretion. If you are a resident of the European Union, your acceptance of this TOS constitutes your explicit permission for us to store and process your data abroad.

Backups - Customer's Responsibilities

You agree to take full responsibility for data hosted on your account and to maintain regular backup of all data that you host on our servers.

While we perform routine backup of your data (via JetBackup) on our Shared Hosting, Reseller Hosting and Semi Dedicated services, and provide JetBackup plugins in cPanel for convenient access to the backed up data, these backups are not meant to replace your own backups. The backups we carry out are solely meant for administrative purposes in the event of a disaster recovery.

There is no backup system that is insusceptible to failures. Although we are using some of the best measures in the industry such as implementation of Hardware RAID-10 on all of our servers and having JetBackup (30 Restore Points) in place, we cannot accept any responsibility should backups be unavailable for any reason including but not limited to software issue, data corruption and hardware failure.

3. Contractual notices

All contracts will be ordered as per the terms and conditions and the term of contract paid for.

Schedule 2 (Acceptable Use Policy)

1. Introduction

1.1 This acceptable use policy (the "Policy") sets out the rules governing:

(a) the use of our hosting services, connectivity services, communications services and related services (the "Services"); and

(b) the transmission, storage and processing of content by you, or by any person on your behalf, using the Services ("Content").

1.2 References in this Policy to "you" are to any customer for the Services and any individual user of the Services (and "your" should be construed accordingly); and references in this Policy to "us" are to Innzone Hosting (and "we" and "our" should be construed accordingly).

1.3 By using the Services, you agree to the rules set out in this Policy.

1.4 We will ask for your express agreement to the terms of this Policy before you upload or submit any Content or otherwise use the Services.

2. General Usage Rules

2.1 You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.

2.2 You must not use the Services:

(a) in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or

(b) in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.

2.3 You must ensure that all Content complies with the provisions of this Policy.

3. Unlawful Content

3.1 Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

3.2 Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) constitute a breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) constitute a breach of official secrets legislation; or

(k) constitute a breach of any contractual obligation owed to any person.

3.3 You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.

4. Graphic material

4.1 Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children over 12 years of age.

4.3 Content must not be pornographic or sexually explicit.

4.2 Content must not depict violence in an explicit, graphic or gratuitous manner.

5. Marketing and Spam

5.1 You must not without our written permission use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.

5.2 Content must not constitute or contain spam, and you must not use the Services to store or transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.

5.3 You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.

5.4 You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs.

6. Regulated businesses

5.5 You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.

6.1 You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.

6.3 You must not use the Services for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.

6.2 You must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.

7. Monitoring

7.1 You acknowledge that we may actively monitor the Content and the use of the Services

8. Data mining

8.1 You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.

9. Harmful software

9.1 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.

9.2 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.

Schedule 3 (Availability SLA)

1. Introduction to availability SLA

1.1 This Schedule 3 sets out the Host's availability commitments relating to the Hosting Services.

1.2 In this Schedule 3, "uptime" means the percentage of time during a given period when the Hosting Services are available at the gateway between public internet and the network of the hosting services provider for the Hosting Services.

2. Availability

2.1 The Host shall[ use reasonable endeavours to ensure that the uptime for the Hosting Services is at least 99.5% during each calendar month.

2.2 The Host shall be responsible for measuring uptime, and shall do so using any reasonable methodology.

3. Service credits

3.1 In respect of each calendar month during which the Hosting Services uptime is less than the commitment specified in Paragraph 2.1, the Customer shall earn service credits in accordance with the provisions of this Paragraph 3.

3.2 The service credits earned by the Customer shall be as follows:

1 Month Free Hosting.

3.3 The Host shall deduct an amount equal to the service credits due to the Customer under this Paragraph 3 from amounts invoiced in respect of the Charges for the Hosting Services. All remaining service credits shall be deducted from each invoice issued following the reporting of the relevant failure to meet the uptime commitment, until such time as the service credits are exhausted.

3.4 Service credits shall be the sole remedy of the Customer in relation to any failure by the Host to meet the uptime guarantee in Paragraph 2.1, except where the failure amounts to a material breach of this Agreement.

3.5 Upon the termination of this Agreement, the Customer's entitlement to service credits shall immediately cease, save that service credits earned by the Customer shall be offset against any amounts invoiced by the Host in respect of Hosting Services following such termination.

4. Exceptions

4.1 Downtime caused directly or indirectly by any of the following shall not be considered when calculating whether the Host has met the uptime guarantee given in Paragraph 2.1:

(a) a Force Majeure Event;

(b) a fault or failure of the internet or any public telecommunications network;

(c) a fault or failure of the Host's hosting infrastructure services provider, unless such fault or failure constitutes an actionable breach of the contract between the Host and that company;

(d) a fault or failure of the Customer's computer systems or networks;

(e) any breach by the Customer of this Agreement; or

(f) scheduled maintenance carried out in accordance with this Agreement.

Schedule 4 (Data processing information)

1. Categories of data subject

Personal Particulars include the following

Name

Address

Email

2. Types of Personal Data

Personal Particulars include the following

Name

Address

Email

3. Purposes of processing

Personal Data is required when registering domains for Nominet and other backend providers.

4. Security measures for Personal Data

The following steps are enabled.

IP is restricted to a certain range kept confidential.

Password is changed every 30 days.

Fraudulent Checks in place to stop data breaches.

5. Sub-processors of Personal Data

NetEarthone - Domain Registrations

Internal Staff

Powered by WHMCompleteSolution