Terms & Conditions


General Conditions of Use
KCM Hosting provide Internet access and use of server space for email accounts and for hosting of websites. KCM Hosting reserve the right to suspend, restrict or terminate any customers account where the customer is in breach of this agreement.

Use of Web Hosting Accounts
Accounts are to be used only by the purchaser / purchasing company. Account holders must not resell or give away web / WAP space or email accounts to other parties, other than the acceptance of advertisements. All webspace and email accounts must remain in total control of the account holder.

Each web hosting account may be used for only one website. Hosting of two or more websites on the one web hosting account is prohibited. Subdomains (where provided) may be used as an extension of the main website or as a WAP site to run alongside the main website. Subdomains may not be used to host additional websites.

Prohibited Use
KCM Hosting prohibits the use of its servers for:

Account holders will not post (nor allow to be posted) web or WAP pages containing such material or links to such material, nor shall they store such material in their server space, nor shall they transmit such material by email or any other means.

KCM Hosting reserve the right to determine whether any material or use is prohibited.

KCM Hosting reserve the right to remove any such material without warning and suspend or terminate accounts without refund or notice!.

Spam (unsolicited email)
KCM Hosting prohibits spam (the sending of unsolicited bulk email). KCM will terminate any account, without refund, for which the account holder has sent unsolicited bulk emails.

Payment for Web Hosting Accounts
Payment can be made online by credit or debit card using the secure payment facilites. When the customer pays, they will receive an invoice / VAT receipt by email at the time of purchase.

The renewal date for accounts will be one calendar year from the date of purchase or the date of previous renewal. Account renewal reminders will be sent by email about one calendar month in advance of renewal date. Payment must be received prior to renewal date.

Failure to pay within these time limits could cause suspension of the account or additional facilities until payment is received.

Payments made online can be made in UK Sterling, US Dollar, or Euro. Postal payments must be made in UK Sterling.

Upgrading Web Hosting Accounts
At any time, account holders may upgrade their web hosting accounts by purchasing additional facilities. Account holders can choose to have the upgrade take effect immediately or to have it take effect from the renewal date. If from the renewal date, then the renewal invoice will be adjusted to include the upgraded features. If immediate, then the account holder will be invoiced for the upgrades as for a new account, and payment will be due immediately.

Upgrades made part way through the term of the hosting account will be charged at the full rate as if they were ordered as part of the original hosting account. An upgrade made part way through the term of a hosting account will be valid only until the renewal of the hosting account.

Data Transfer (Bandwidth) and System Resources
All web hosting accounts should remain within the agreed data transfer (bandwidth) allowance for the account. KCM Hosting accept that there are times when sites may unexpectedly exceed data transfer allowance for short period of time. KCM will not impose any penalty for such breaches of data transfer allowance providing that these breaches are small, are not frequent, and are not sustained. KCM reserve the right to determine what constitutes small, sustained or frequent breaches of data transfer allowance.

Many domains have to share the various resources (processors, memory, etc) available on the servers. LKCM Hosting believe that no single domain should use excessive amounts of resources, as this may jeopardise server performance for the other domains.

In the event that an account is deemed to be using excessive data transfer (bandwidth) or resources, KCM may suggest action to reduce bandwidth or resource use, or suggest moving the website to its own dedicated server.

Account holders may also be subject to additional costs due to excessive data transfer or resource use. These costs will be agreed between KCM Hosting and the account holder.

Cancellation, Termination and Refunds of Web Hosting Accounts
All web hosting accounts are for a period of one calendar year from the date of ordering or renewal. Fees are charged on a pre-pay basis and are non-refundable.

Account holders may terminate their accounts simply by not using them or by not renewing them. Failure to use or renew an account is deemed to be a termination of customers choice. No refund will be given where customers terminate or cease to use their account prior to the end of the term of the hosting account.

In the event that KCM Hosting finds an account is in breach of the prohibited uses, then that account may be terminated without notice. No refund for the remainder of the year will be given.

In the event that an account exceeds data transfer or resource allowances and an agreement cannot be reached between KCM Hosting and the account holder, then KCM may terminate the account. In this case, KCM may provide a refund for the remaining unused part of the year, subject to an administration fee of £10.00 + VAT.

In the event that KCM is to refund full or partial payments, refunds will be made by the same means in which the original order was placed. Customers who paid by credit or debit card will be refunded directly to their credit or debit cards.. All refunds will be made within 30 days of agreement to make a refund.

UK Customers Only : Under the terms of The Consumer Protection (Distance Selling) Regulations 2000, consumers have a "cooling off" period of 7 working days from the date that the order is placed in which they may cancel orders placed by distance contract. However, this right to cancel does not apply where service provision begins before the end of the cooling off period. All web hosting accounts provided by KCM Hosting begin the same day that the order is placed, normally within 2 hours of ordering. Therefore, the consumer's right to cancel and receive a full refund will not apply once service provision has begun. Commencement of service will normally be the time at which your account activation notice is sent.

The Consumer Protection (Distance Selling) Regulations 2000 do not apply to business-to-business transactions, nor to transactions with businesses or consumers outside the UK.

Liability
KCM Hosting will not be responsible for any loss or damage your business may suffer. KCM make no warranties, expressed or implied, for any services we offer.

Customers shall indemnify and hold harmless KCM Hosting from any and all demands, liabilities, losses, costs, and claims, including all legal fees, asserted against KCM Hosting and it's agents, customers, officers and employees, that may arise from any service provided or performed or agreed to be performed, or for any product sold by KCM, it's agents, customers, officers or employees.

KCM Hosting will not be responsible for any loss or damage caused by infringement of copyright or proprietary rights, supply of defective goods or services, any loss or damage (personal or business), caused by customers of KCM.

Changes and Amendments
KCM Hosting reserve the right to amend and/or change these Terms and Conditions without notice.