WHAT YOU NEED TO KNOWterms & conditions
Terms And Conditions
Hosting Ireland - the trading name of Protocol Internet Technology Limited the Accredited Registrar and provider of cloud hosting services.
The Applicant - The person or company that applies to register a domain name or purchases the provision of cloud or hosting services.
These terms and conditions relate to all completed registrations for Top Level Domains (TLDs).
Applications to Register
All applications must be made by e-mail or by using the template provided on Hosting Ireland's web site or a web site owned by an approved agent of Hosting Ireland.
.IE Domain Registration
The Applicant for a .IE domain name will be responsible for providing any additional details that the IEDR (Irish Domain Registry) may request. Failure to provide sufficient information can result in the domain name not being registered. Hosting Ireland can't be responsible for a failed .ie domain registration due to the Applicant not providing information as requested by the IEDR.
Acceptance and Payment
- 1. The domain name that is applied for will normally be allotted to the Applicant immediately the respective domain name has been approved and payment has been made subject to 'Obligation of the Applicant' (See below).
- 2. The chosen domain name will become the sole possession of the Applicant only after full payment of the registration fee.
- 3. Acceptance and payment of the annual fee constitutes a contract for 12 months.
- 4. Applicants will be invoiced by email and payment will be taken by Laser, Visa or Mastercard online at the time of registration. Payment can be made by cheque but this may add considerably to the delay in confirmation of the domain name.
- 5. Hosting Ireland reserves the right to refuse registration.
- 1. Payment for the annual renewal of the domain name is necessary before the renewal date in order for the domain not to expire. The Applicant will be invoiced by email 35 days before the domain is due to expire and reminded again by email 7 days before the domain is to expire.
- 2. The Applicant's credit or debit card details are securely stored at the time of registration and the annual renewal payment will be automatically taken from the Applicant's card three days before the domain expires. The Applicant may cancel automatic renewal by logging into the account and deactivating automatic payment (not recommended as Hosting Ireland cannot guarantee domain renewal). The customer is still liable for payment in order to maintain domain registration.
- 3. The Terms and Conditions in force at the time of renewal will then apply.
- 4. Failure to pay renewal fee before the expiry date will result in the domain being suspended.
- 5. Additional charges (Redemption Fees) of up to €75.00 may apply to renew a domain name that has expired. Such fees are applied by country specific domain registration bodies.
Ownership of Domain Names
- 1. Hosting Ireland will only act as an agent for the purchase of domain names.
- 2. All domain names requested by the Applicant will remain the property of Hosting Ireland until the first annual fee payment has been made in full.
- 3. The renewal of domain names requires payment of the renewal fee by the applicant to ensure continuation of service for email and hosted web sites.
- 4. In the event of non-payment, Hosting Ireland reserve the right to dispose of the domain name and claim for payment from the defaulting applicant by normal commercial and legal means after a period of 60 days has elapsed from renewal date.
Obligations of the Applicant
- 1. The selected domain name must not be used in breach of trademark, copyright or other intellectual property rights of third parties.
- 2. There must be no attempt to pass-off as another company by means of the domain name. If litigation were to ensue as a result of any legal challenge, the Applicant agrees to indemnify Hosting Ireland and warrant them as an innocent party to any passing-off or similar intellectual property challenge.
- 3. The selected domain name must not be used for any illegal purpose, or for any purpose likely to bring the name of Hosting Ireland into disrepute
- 4. The Applicant must not grant domain names to any sub-domain users without the expressed permission, in writing, by Hosting Ireland.
- 5. When registering a .co.uk domain you agree to the Nominet Terms And Conditions for registering a .co.uk domain .co.uk terms
- 6. Applicants are responsible for their own security so far as any password or security codes are concerned. Where Hosting Ireland acts on instructions received under password that relate in any way to this contract, no liability will be accepted arising from the use by Hosting Ireland of this or any other password.
- 7. If the Applicant requires ID protection then this must be selected at the time of purchasing the domain in order to ensure full ID protection. The Applicant can select ID protection after purchasing their domain by accessing their client area, however personal information will be available on the Whois up until the time of selecting the ID protection and the Whois database has been updated.
- 8. ICANN (Internet Corporation for Assigned Domain Names and Numbers) is responsible for the managing and coordinating of the domain name system (DNS) to ensure that every address is unique and that all users on the Internet can find all valid addresses. You can find out more about Registrant rights and responsibilities directly on ICANN's website.
Cloud and Hosting Services
These terms and conditions are intended to protect both the integrity and liability of Hosting Ireland and The Applicant. The Applicant agrees that the service is provided as per the published data and that Hosting Ireland assumes no responsibility for the timing, deletion, delivery or failure to store any customer communications or personalisation settings over and above those permitted under these terms and condition or agreed in writing at the time of contract.
Accounts with Hosting Ireland include a specific disc space allocation. Additional disk space is available and can be upgraded. The exception is Cloud Servers where the customer configures disk space as required.
Accounts with Hosting Ireland do not include separate IP addresses. Separate IP addresses are available at additional cost.
MySQL Database facilities are included in the Cloud Lite+, Cloud Business+ and Cloud Ultima plans.
Acceptance and Payment
- 1. Acceptance and payment of the annual hosting fee constitutes a contract for 12 months.
- 2. Acceptance and payment of a level 1 dedicated servers constitutes a minimum rolling contract of 3 months. If payment has been made for 12 months then the contract is 12 months, notice of cancelation must be given 3 months before the contract period ends.
- 3. Acceptance and payment of a level 2 dedicated servers constitutes a minimum rolling contract of 6 months. If payment has been made for 12 months then the contract is 12 months, notice of cancellation must be given 6 months before the contract period ends.
- 4. Application and provisioning of Cloud Servers constitutes a 30 day rolling contract, payment for which is taken at the end of each 30 day cycle. A €1.00 setup charge will be taken at time of Application.
- 5. Applicants will be invoiced by email and payment will be taken by Laser, Visa or MasterCard online at the time of ordering the hosting or cloud services.
- 6. Hosting Ireland reserves the right to refuse the provision of hosting or cloud services without giving reasons.
- 1. Payment for the annual or monthly renewal of the hosting services is necessary before the renewal date in order for the hosting services to continue uninterrupted. The Applicant will be invoiced by email 35 days before the hosting services are due to expire and reminded again by email 7 days before the hosting service is to expire.
- 2. The Applicant’s credit or debit card details are securely stored at the time of application and the annual or monthly renewal payment will be automatically taken 3 days before services expire. The Applicant may cancel automatic renewal by logging into the account and deactivating automatic payment. (not recommended as Hosting Ireland cannot guarantee continuity of services). The customer is still liable for payment in order to maintain supply of services.
- 3. Ongoing renewal payments for Cloud Servers will be taken every 30 days. The customer usage will be calculated on the 30th days and an invoice forwarded within 24 hours. Payment will be taken automatically within 3 days.
- 4. The Terms and Conditions in force at the time of renewal will then apply.
- 5. Failure to pay the annual or monthly renewal fee before the expiry date will result in the service being suspended. Any outstanding fees will become immediately due.
Unlawful or Prohibited Usage
- 1. The Applicant will not use the Hosting Ireland services for any purpose that is unlawful or prohibited by these terms and conditions.
- 2. The Applicant may not attempt to gain unauthorized access to any Hosting Ireland service, other accounts, computer systems or networks connected to any Hosting Ireland services through hacking, password mining or any other means.
- 3. The Applicant may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Hosting Ireland services.
- 4. Hosting Ireland reserves the right at all times to disclose any information as Hosting Ireland deems necessary to satisfy any applicable law, regulation, legal process or court order, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Hosting Ireland's' sole discretion.
Any dealings with third parties (including advertisers) included within the Hosting Ireland services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between The Applicant and the advertiser or other third party. Hosting Ireland shall not be responsible or liable for any part of any such dealings or promotions.
The Applicant's Responsibilities
The Applicant is solely responsible for the content of The Applicant's text whether on the website or on email.
- 1. Must agree to provide true, accurate, current and complete information on the registration form.
- 2. Must agree to maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If The Applicant provides any information that is untrue, inaccurate, not current or incomplete (or Hosting Ireland has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete) Hosting Ireland has the right to suspend or terminate The Applicant's account and refuse any and all current or future use of the service (or any portion thereof).
- 3. Must not use the Hosting Ireland services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages whether commercial or otherwise.
- 4. Is responsible for maintaining the confidentiality of any password and account data.
- 5. Is fully responsible for all activities that occur under The Applicant's password or account. The Applicant agrees to notify Hosting Ireland immediately if there is any unauthorised use of The Applicant's password or account or any other breach of security.
- 6. Must ensure that The Applicant account is logged-out properly at the end of each session. Note: Hosting Ireland cannot and will not be liable for any loss or damage arising from The Applicant's failure to comply with these requirements
- 7. Who is in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. This might include, but not be limited to the following:
- a. Unauthorised access, use, probe, or scan of a systems security or authentication measures, data or traffic.
- b. Interference with service to any user, host or network including, without limitation.
- c. E-mail bombing, flooding (deliberate attempts to overload a system) and broadcast attacks.
- d. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
- 8. Agrees not to use his account to publish any information, software or other content which violates or infringes upon the rights of any other or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
- 9. Acknowledges that Hosting Ireland does NOT permit sites that provide any content, points of distribution, or 'links' to other sites that:
- a. Infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;
- b. Violate any law, statute, ordinance or regulation under Irish Law;
- c. Are defamatory, trade libellous, threatening, unlawfully harassing, abusive, pornographic or obscene;
- d. Contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- e. Contain Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction;
- f. Has Adult Sites (content). Meaning: Any erotic or pornographic material, links to Adult sites, or advertisements for Adult sites.
- 10. Agrees that Hosting Ireland alone have the right to determine whether any of the messages The Applicant sends are spam. Spamming generally includes, but is not limited to:
- a. The bulk sending of unsolicited messages;
- b. The sending of unsolicited e-mails which provoke complaints from recipients
- c. The sending of junk mail. The use of distribution lists that include people who have not given specific.
All Hosting Ireland prices are published on www.hostingireland.ie and are in Euro and ex. Vat unless specified otherwise.
- 1. Hosting Ireland offers a 30 day money back guarantee for hosting services (This does not include domain name registration).
- 2. Hosting Ireland will not offer a refund in full or part if the Applicant cancels any service within the contract period, unless the cancellation is within the first 30 day of service, in which case the 30 day money back guarantee will apply.
- 3. No refund can be given where a domain has been registered or where a .ie domain applications has been unsuccessful due to the applicant failing to supply additional information as requested by Hosting Ireland on behalf of the IEDR.
- 4. Hosting Ireland may amend pricing from time to time without notice.
Termination by the Applicant
- 1. With the exception of dedicated servers, this agreement may be terminated at any time by the Applicant by giving Hosting Ireland 30 days notice in writing. Level 1 dedicated servers require 3 months notice of termination and level 2 requires 6 months notice.
- 2. Termination must be made on company letter heading and be dated and signed by a person recognised by Hosting Ireland. (electronic e-mail message being regarded as writing for this purpose).
Termination by Hosting Ireland
Hosting Ireland may cancel this agreement, suspend delegation of a domain name or cease providing hosting services on seven days written notice (electronic e-mail message being regarded as writing for this purpose) if:
- 1. The terms of this agreement have been broken by the Applicant.
- 2. The domain name is administered in a way likely to endanger operation of the Top Level Domain.
- 3. In the opinion of Hosting Ireland, the domain name is being used in a manner likely to cause confusion to internet users.
- 4. It has come to Hosting Ireland's attention that an earlier application for a domain name in the name of another party has been commenced by Hosting Ireland, or with another provider, there can be no redress of this situation as a "first-come-first-served" policy applies Internet wide. In this rare situation, Hosting Ireland will make a full refund to the unsuccessful applicant.
- 5. It has come to Hosting Ireland's attention that the domain name or hosting services are being used illegally.
- 6. The Applicant agrees that Hosting Ireland, at its sole discretion, may terminate the Applicant's password, account or use of the service, and remove and discard any content within the service if The Applicant violates any portion of these terms and conditions.
- 7. In the unlikely event of a dispute between Hosting Ireland and the Applicant, and if good sense and reasonableness is not evident, the contract between Hosting Ireland and the applicant will be terminated by Hosting Ireland. If all outstanding payments have been made, the domain name will continue to be owned by the Applicant and there will be no refund provision.
Cloud Online Backup
These Terms and Conditions set forth the legally binding terms (‘Agreement’) for your use of the Hosting Ireland Cloud Online Backup Service. You (‘User and/or ‘Member’) agree to be bound by this Agreement when using Hosting Ireland’s Online Backup Services, whether purchased or as a free trial. You are only authorised to use the Cloud Online Backup Services if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Hosting Ireland Website and discontinue use of the Cloud Online Backup Services immediately.
Hosting Ireland may modify this Agreement from time to time and such modification shall be effective upon posting by Hosting Ireland on the Hosting Ireland Website. Hosting Ireland will inform Members by email about such modifications. If you do not agree with such modification you have the right to terminate your membership with Hosting Ireland. You agree to be bound to any changes to this Agreement when you use the Cloud Online Backup Services after the modification has been posted for at least one month. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
1. Use Of The Cloud Online Backup Services
1. Use of and Membership in the Cloud Online Backup Services is void where prohibited.
2. By using the Cloud Online Backup Services, you represent and warrant that:
- 1. All registration information you submit is truthful and accurate;
- 2. You will maintain the accuracy of such information;
- 3. You are 18 years of age or older;
- 4. Your use of the Cloud Online Backup Services does not violate any applicable law or regulation;
3. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or password of another Member at any time or to disclose your password to any third party. You agree to notify Hosting Ireland immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. You will create, maintain and use only one Member account and password on the Hosting Ireland Website for your use. You will not create multiple Member accounts and passwords in order to use the Cloud Online Backup.
5. You will not use the Cloud Online Backup Services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
6. Without limiting the foregoing, you will not use the Cloud Online Backup Services for any of the following activities:
1. Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. Advertising to, or solicitation of, any Member to buy or sell any products or services through the Cloud Online Backup Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Cloud Online Backup Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;
3. Any automated use of the system, such as using scripts to add friends or copy files;
4. Interfering with, disrupting, or creating an undue burden on the Cloud Online Backup Services or the networks or services connected to the Cloud Online Backup Services;
5. Attempting to impersonate another Member or person;
6. Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
7. Selling or otherwise transferring your Membership;
8. Using any information obtained from the Cloud Online Backup Services in order to harass, abuse, or harm another person;
9. Using the Cloud Online Backup Services in a manner inconsistent with any and all applicable laws and regulations;
7. We shall use our reasonable endeavours to make available to you at all times the Cloud Online Backup Services but we shall not, in any event, be liable for interruptions to or unavailability of the Cloud Online Backup Services.
Hosting Ireland reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate your access to all or any part of the Cloud Online Backup Services at any time, with or without prior notice.
1. Hosting Ireland does not claim any ownership rights to the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you upload to the Cloud Online Backup Services.
2. You represent and warrant that your uploading any Content to the Cloud Online Backup Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content uploaded by you to the Cloud Online Backup Services.
3. Without limiting the foregoing, you will not upload any Content to the Cloud Online Backup Services which:
1. Is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. Harasses or advocates harassment of another person;
3. Exploits people in a sexual or violent manner;
4. Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. Solicits personal information from anyone under 18;
6. Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
7. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
9. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
10. Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
11. Involves commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
12. Includes a photograph of another person that you have uploaded without that person's consent;
4. By using the facilities of the Cloud Online Backup Services to make Content available to other Users ("Shared Content"):
1. You grant to Hosting Ireland a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute your Shared Content on and through the Cloud Online Backup Services. The license you grant to Cloud Online Backup is non-exclusive, perpetual, fully-paid and royalty-free, sub-licensable, and worldwide;
2. You represent and warrant that you own the Shared Content or otherwise have the right to grant the license set forth in this section;
5. Hosting Ireland may delete from the Cloud Online Backup Services any Content that in the sole judgment of Hosting Ireland violates this Agreement or which Hosting Ireland deem inappropriate.
6. Hosting Ireland assumes no responsibility for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorised access to, or alteration of any Content you upload to the Cloud Online Backup Services.
7. You are solely responsible for the Content that you upload to the Cloud Online Backup Service, and any material or information that you transmit to other Members and for your interactions with other Users. Hosting Ireland does not endorse and has no control over the Content. Content is not necessarily reviewed by Hosting Ireland and does not necessarily reflect the opinions or policies of Hosting Ireland. Hosting Ireland makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Hosting Ireland assumes no responsibility for monitoring the Cloud Online Backup Services for inappropriate Content or conduct. If at any time Hosting Ireland chooses, in its sole discretion, to monitor the Cloud Online Backup Services, Hosting Ireland nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User uploading any such Content.
3. Copyright Policy
1. You may not share, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Hosting Ireland to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Hosting Ireland by the copyright owner or the copyright owner's legal agent.
2. Without limiting the foregoing, if you believe that your work has been copied and posted on the Cloud Online Backup Services in a way that constitutes copyright infringement, please provide Hosting Ireland with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Cloud Online Backup Services;
4. Your address, telephone number, and email address;
5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
1. All charges payable by you for the Cloud Online Backup Services shall be in accordance with the scale of charges and rates published from time to time on the Hosting Ireland website, errors and omissions excepted and shall be due and payable in advance of provision of the Cloud Online Backup Services.
2. We reserve the right to alter pricing including ceasing to offer elements of the Cloud Online Backup Services free of charge at any time. Hosting Ireland will inform Members by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
3. Payment is due each anniversary month, quarter or year following the date the Cloud Online Backup Services. If you choose to pay by credit or debit card you authorise Hosting Ireland to debit your account renewal fees from your card.
4. All fees for our services are due in advance and your contract will automatically renew on its anniversary month, quarter or year at which point fees for the following month, quarter or year become payable. If you wish to cancel your contract with Hosting Ireland, you must do so in accordance with clauses 6.2 before the renewal of your contract.
5. If your Membership is terminated in accordance with 6.4, you will be entitled to a pro rata refund based upon the remaining period of prepayment. You will not be entitled to a refund under any other circumstances. Any refund will be issue to the same payment source used for the initial payment.
5. Free Trial Period
1. Where services are offered on a free trial basis, card payment details will be taken and payment for the first month, quarter or year will be taken automatically at the end of the free trial period.
2. If the member does not wish to continue with the Cloud Online Backup at the end of the free trial period then the member must login to their account and cancel the service.
3. The renewal date for the contract shall be deemed to be one month, quarter or year following the advertised free trial period.
4. If you wish to cancel your contract during the free trial period you may do so in accordance with clause 6.2 below.
5. If you do not cancel your service prior to the end of the free trial period the fees for the first month, quarter or year of your service will become due and payment taken automatically. No refund will be made due to the user omitting to cancel the service.
6. Term and Termination
1. This Agreement shall remain in full force and effect while you use the Cloud Online Backup Services or are a Member. Even after Membership is terminated, this Agreement will remain in effect.
2. You may terminate your Membership at any time, for any reason by logging into your account and canceling the service.
3. Hosting Ireland may suspend the provision of Cloud Online Backup Services to you and/or terminate your Membership without notice to you if you:
1. Fail to pay any sums due to Us as they fall due.
2. Breach any term of this Agreement.
3. Are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
4. Hosting Ireland reserves the right, in its sole discretion, to suspend the provision of Cloud Online Backup Services to you and/or terminate your Membership at any time, without warning.
1. You shall indemnify Hosting Ireland and keep Hosting Ireland indemnified and hold Hosting Ireland harmless from and against any breach by you of this Agreement and any claim brought against Hosting Ireland by a third party resulting from the provision of the Cloud Online Backup Services by Hosting Ireland to you and your use of the Cloud Online Backup Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Hosting Ireland in consequences of your breach or non-observance of any of the terms of this Agreement including if any Content uploaded through the Cloud Online Backup Services.
9. Limitation of Liability
1. Hosting Ireland will not be responsible for any incorrect or inaccurate Content uploaded to the Hosting Ireland website or in connection with the Cloud Online Backup Services, whether caused by Users of the Cloud Online Backup Services or by any of the equipment or programming associated with or utilised in the Cloud Online Backup Services.
2. Hosting Ireland is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Cloud Online Backup Services or combination thereof.
3. Hosting Ireland is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any Content you upload to the Cloud Online Backup Services.
4. The Hosting Ireland Website may contain links to other websites. Hosting Ireland is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Hosting Ireland. Inclusion of any linked website on the Cloud Online Backup Services does not imply approval or endorsement of the linked website by Hosting Ireland.
5. Hosting Ireland is not responsible for the conduct, whether online or offline, of any User of the Cloud Online Backup Services.
6. All conditions, terms, representations and warranties relating to the Cloud Online Backup Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under Irish law.
7. Hosting Ireland's total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Cloud Online Backup Services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim.
8. In any event no claim shall be brought unless you have notified Hosting Ireland of the claim within one month of it arising.
9. In no event shall Hosting Ireland be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
1. Any forbearance or failure by Hosting Ireland to enforce a provision to which you are subject shall not affect Hosting Ireland's right to require such performance at any subsequent time, nor shall the waiver or forbearance by Hosting Ireland of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
1. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the Irish courts.
1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
13. Entire Agreement
1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Hosting Ireland relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to this Agreement, you confirm that you have not relied on any representation other than those expressly stated in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.