1. General

   These terms and conditions and the Acceptable Use Policies will apply to the Hosting Services to be provided by the Company to the Customer.

2. Definitions

   "Acceptable Use Policies (AUPs)" means the policies published by the Company from time to time for those components of the Hosting Services that the Customer uses. For the current policies the Customer is referred to Acceptable Use Policy.

   "Customer" means the Company or business which engages the Company to provide the Hosting Services.

   "the Company" means Blue Lightning Trading Limited of Unit C, Hamilton Court Gogmore Lane, Chertsey, Surrey, KT16 9AP, its trading divisions, partners and agents.

   "Hosting Services" are the services specified in the Customers order also as described in the Company’s literature and website at the date of the issue of the aforementioned order.

   "Intellectual Property Rights" means all copyright and other intellectual property rights, howsoever arising and in whatever media, including (without limitation) patents, trade marks, service marks, trade names, registered design and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world.

   "Name" means any name specifically requested by or allocated to you for the provision of the Hosting Services and shall include any user name, domain name, mailbox name or server name.

   "Subscription Fee" is the periodic fee payable by Customers for which Customers will receive the ongoing Hosting Services.

3. Amendments
   1. The Company reserves the right to modify, suspend or discontinue any or all of the Hosting Services at its sole discretion, and without prior notice. The Company also reserves the right, on giving prior notice on-screen and/or in writing, to reasonably alter these Terms at any time (without prejudice to the provisions of Clause 8 hereunder).
4. The Services
   1. Upon payment of the fees and acceptance of the application to become a Customer, the Company shall provide, and grant to the Customer a non exclusive, non-assignable and non-transferable licence to use the Hosting Services, and in the case of ongoing Hosting Services will do so until the Hosting Service period expires or is terminated. Acceptance of the Services by the Customer constitutes automatic acceptance of these Terms and the AUPs of all associated Hosting Services.
   2. The Services provided and/or amended by the Company, or at the request of the Customer constitute a formal provision of the Hosting Service only when acknowledged by the Company in either of the following ways; by post, by facsimile transmission or by e-mail.
   3. Domain names are registered in accordance with the terms and conditions issued by the relevant regulatory body (Nominet, CSL GmbH or other). Copies of these terms and conditions are available at:

• http://www.nominet.org.uk/nominet-terms.html
• http://joker.com/static/docs/joker_agb.pdf

4. The Company will use its best efforts to provide the Customer with a high quality service. In order to maintain the quality and safety of the Hosting Services for all its users, the Company reserves the right to:-
   1. Temporarily suspend the Hosting Service for repairs, maintenance and/or improvement of the Hosting Service, but the Company give the Customer as much notice as is reasonably practicable before doing so.
   2. Give the Customer instructions from time to time, on how to use the Hosting Service.

5. Condition of Use
   1. The Customer shall provide the Company promptly with all information that the Company may reasonably require in order to carry out its obligations under this agreement.
   2. The Customer is responsible for:-
      1. all use of Hosting Services accessed through their account and for providing a computer, modem (including dial up or broadband connection) and/or all additional communications equipment and a telephone line, if appropriate, capable of and necessary for connecting to, and accessing, the Hosting Services;
      2. for complying with any related terms and conditions related to the telecommunications services;
      3. all telecommunication charges to access the Hosting Service;
      4. in relation to domain names to ensure they comply with the domain renewal procedure detailed on this help page
      5. ensuring that the account is used in accordance with these Terms.
   3. The Customer is required to adhere to the AUPs that the Company publishes from time to time. If the Customer is in breach of them, the Company has the right, at its sole discretion, to suspend or terminate the Customer account without notice or refund, to make an additional charge for the misuse, or to block access to the relevant component of the Hosting Service.
   4. If, while using the Hosting Service, the Customer discovers anyone else who is in breach of clause 5.3 above, the Customer must inform the Company immediately.
   5. The Customer will not use the Hosting Service for any illegal or immoral purpose. In relation to what is immoral the Company’s decision in that respect shall be final and binding on the Customer.
   6. Hosting Services are provided for the following minimum periods:-

• 3 months for co-location services
• 3 months for web hosting accounts
• 12 months for domain names and associated e-mail management packages
• 3 months for broadband connections

7. Broadband connections are subject to separate terms and conditions available on the Company’s website.
8. The Customer may use the Hosting Services to link to other networks world-wide and the Customer agrees to conform to the acceptable use policies and terms and conditions imposed by the operators of those networks and services.
9. If the communications (including, but not limited to, using hosting and Customer accounts to send unsolicited or spam e-mails to recipients who have not expressed an explicit desire to receive such e-mails) sent by a Customer do not conform to these standards to the detriment of the Company or its customers, the Company reserves the right to suspend access of that Customer to the Hosting Service until they give a suitable undertaking as to use.
10. The Hosting Services provided by the Company have resources that are finite, which the Customers must acknowledge. A reckless or wasteful use of Hosting Services provided by the Company can contribute to over-stretching the Hosting Service so that the Hosting Service provided by the Company to other customers will degrade. Therefore, the Customer accepts that the Company may without prior notice suspend or terminate the Customers access to the Hosting Service where the Customer is using the Hosting Service in a reckless or wasteful manner (this decision is entirely at the Company’s discretion, but will be decided in good faith).
11. The Customer shall keep their Password/s private and confidential and ensure that it/they do not become known to another person other than an employee of the Company. The Customer will notify the Company of any change in circumstances in which they believe their Password/s may have been compromised. The Company may from time to time with prior notice change the Customer’s Password/s.
12. The Customer’s internal network configuration and hardware remains the responsibility of the Customer. Any interruptions to the Hosting Services that occur as a result of an internal configuration or hardware issue are not deemed as an interruption or suspension of the formal provision of the Hosting Services.
13. All static Internet Protocol ("IP") addresses are rented only and do not become the property of the Customer.
14. If there is a suspected fault with the Hosting Service, the Customer should report it as soon as possible by telephoning 0844 870 0254 or submitting a support ticket via the company's website.
15. The Customer is required to keep the contact details that they provide the Company with up to date. The Company may send notices or other information to the Customer at the address they gave the Company. The Company will not pass these details to other companies.
16. The Company will not be responsible for taking back ups of data, website content, website logs, e-mail data or DNS Zone data and the Customer must make its own periodic back ups.

6. Name
   1. The Customer confirms that they are the owner of, or that they have been authorised by the owner to use, any trade mark or Name requested by allocated to them.
   2. The Company cannot guarantee that any Name requested by the Customer will be available or approved for use.
   3. If the Company has reasonable grounds for thinking that the Name the Customer has chosen is in breach of clause 6.1 above, the Company may ask the Customer to choose a replacement name.
7. Intellectual Property Rights
   1. Material must not be placed on the Hosting Service which in the Company’s opinion is determined to be in breach of any Intellectual Property Rights unless the permission of the owner(s) or person(s) have specifically authorised the use of the material for such purpose. Such authorisation is to be provided to the Company by the holder of the Intellectual Property Right’s. Only the owner(s) or such authorised person(s) may upload such material to the Hosting Service.
   2. Except as expressly provided by copyright law, copying, redistribution, or publication must be with the express permission of the owner(s) or authorised person(s). Permission must be specified in the document, on the Hosting Service, or must be obtained directly from the Company and the Owner(s) or such authorised persons(s), if other than the Company. In any copying, redistribution, or publication of such material, any changes to or deletion of author attribution or copyright notice by a Customer are prohibited.
   3. The Intellectual Property Rights in the Software for the Company to provide the Hosting Services shall remain vested in the Company.
8. Charges
   1. The Customer has subscribed to the Hosting Services on either a quarterly or annual basis. The Company requires payment in advance of service, in pounds sterling. The Customer should note that, for quarterly subscription payments, an invoice will be sent but Customers may choose "e-billing" namely invoices and receipts sent via e-mail rather than in the post. Annual subscription payments by cheque will be invoiced two months prior to the time of renewal. Each receipt for all yearly subscription renewals will only be sent out at the request of the Customer and with prior agreement from the Company. All products and services are made as a single supply, the Customers account (including associated services) may be suspended or closed if any sum due for a Hosting Service is unpaid or is in arrears.
   2. The Company may charge for estimates to provide the Hosting Services. A copy of the estimate prices are available from the Company.
   3. In the case of Customers who choose to pay by credit/debit card the Customer must notify the Company if it change its credit/debit card, (either type or issue) or if it changes its bank account details.
   4. Should the Customer wish to terminate the Hosting Services with the Company, it is the Customer’s responsibility to terminate any standing order with the bank.
   5. The Company may increase the price payable by the Customer by giving the Customer thirty days notice in writing’ by post, e-mail or facsimile transmission.
   6. The Company reserve the right to charge interest at 3% per annum above the base rate of National Westminster Bank Plc on all and any unpaid sums until payment in full (including all/any interest due) is received by the Company. Interest shall be accrued day to day.
   7. In the event of default of payment the Company reserves the right to suspend the Hosting Service provided to the Customer without refund and charge for the work carried out to the date of default.
   8. The Customer shall pay the price for the Hosting Services even if they have not used the Hosting Services provided and until they have terminated their agreement with the Company in accordance with these terms then the Company will still charge the Customer for the Hosting Services.
9. Liability
   1. The Customer agrees the use of the Hosting Services is at the Customer’s sole risk. The Company, its agents, contractors, licensers, employees and information providers providing the Hosting Services for the connection from the Customers hardware to the Company do not guarantee that these Hosting Services will be uninterrupted or free from error. The Customer accepts that without notice for commercial, technical (see below) or other reasons:
      1. The Hosting Service or part thereof may be suspended.
      2. A network or service provider connected to the Hosting Service may suspend or terminate its connection to the Hosting Service.
      3. The Hosting Service may suspend or terminate its connection with another network or service provider, and that any such suspension or termination shall not be in breach of these terms. The Hosting Services are therefore provided without a guarantee of any kind.
   2. The Company may from time to time close down the whole or part of the network for routine repair or maintenance work. The Company shall give as much notice as in the circumstances is reasonable and shall endeavour to carry out such works during the scheduled maintenance periods as published by the Company as appropriate. In general maintenance work will be performed outside office hours, but this is not guaranteed and sometimes urgent maintenance during office hours will be unavoidable.
   3. The Company may from time to time without notice close down or restrict the whole or part of the Hosting Service where necessary for emergency repair, to prevent overload of the network, or to preserve the safety, security or integrity of the Hosting Service and traffic conveyed. The Company shall at its sole discretion decide when such action is necessary.
   4. The Customer acknowledges that the Company may exercise editorial control over the contents of its servers, but the Company does not have the resources, nor is it capable of checking the full content thereof at all times. The Customer further acknowledges that the Company, its agents, contractors, licensees, employees and information providers proving Hosting Services are unable to exercise control over the content of the Internet; and the Company therefore excludes all liability of any kind for defamation and the transmission or reception of material of whatever nature other than information inserted by the Company. The Company specifically excludes any warranty as to the quality, content or accuracy of information received through or as a result of the use of the Hosting Services.
   5. The Customer agrees and acknowledges that they are in a better position to foresee and evaluate any potential damage or loss they may suffer in connection with the Hosting Services or Software licence (if any) or any other Hosting Service provided to them under these terms; that the Company cannot adequately insure its liability to the Customer; and that the charges payable by the Customer have been calculated on the basis that the Company shall exclude liability as set out in this condition.
   6. These terms contain express warranties, undertakings and obligations of the Company and any other condition or warranty which might be implied or incorporated within these terms, by reason of statute or common law or otherwise, is hereby expressly excluded so far as may be permitted by law. While the Company and its employees will use all reasonable endeavours to provide a prompt continuing Hosting Service, it will not be liable or to make refunds for any loss of data resulting from inter-alia delays, non-delivery, missed deliveries or Service interruptions caused by events beyond the control of the Company or by any errors or omissions of the Customer.
   7. In no circumstances whatsoever will the Company be liable to the Customer in contract, tort, negligence or otherwise for indirect, incidental, special or consequential damages or any loss of business, contracts, profits or anticipated savings arising out of the use of the Hosting Service or inability to use the Hosting Service or out of any breach of any warranty.
   8. In accordance with clause 5.11, the Customer’s internal network configuration remains the responsibility of the Customer. Any interruptions to the Hosting Service that occur as a result of an internal configuration or hardware issue may not be deemed as an interruption or suspension of the formal provision of the Service.
10. Indemnity
    1. The Customer hereby agrees to indemnify and hold the Company, its agents, contractors, licensers, employees and information providers providing services harmless from any loss suffered by the Company as a result of a breach of the terms by the Customer and from any claim brought by third parties alleging that use of the Hosting Service by the Customer or under their account has infringed any Intellectual Property Right’s or other right of any kind, or any applicable UK or international legislation or regulation. The Customer shall pay all costs, damages, awards, fees (including legal fees) and judgements awarded against the Company arising from such claims, and shall provide the Company with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer’s sole expense.
11. Termination
    1. The Company may terminate a Customer account at any time without any reason on repayment of a pro-rata sum for the unfulfilled period of the Subscription Fee paid by the Customer. In the event of the customer being in breach of any of these Terms or any rules issued by the Company, the Company will be under no obligation to reimburse the Customer under this provision.
    2. The Company reserve the right to suspend provision of Hosting Service for the duration of any non payment period. Suspension of Hosting Services does not necessarily constitute termination and the customer may be liable (at the Company’s discretion) to pay a reconnection fee to the Company to recommence subscription to the Services and shall not be entitled to a refund for suspension of the Hosting Service.
    3. The Customer may terminate their account at any time after the minimum subscription period (as defined in clause 4.6). The Customer will be required to give written notice (which must follow the "Notice" guidelines in clause 17.2).
    4. Should the Customer wish to terminate a Service contract at the end of the minimum period (as defined in 5.6), the Company must be notified not later than the timescales specified in the Schedule at the end of this agreement. If no such notice is forthcoming, the contract will automatically renew the subsequent period, under these Terms.
    5. When a service is terminated all data relating to that service shall be immediately deleted from the Company’s system. This includes website content and website logs and all e-mails and DNS zone data. The Customer must ensure that they have taken sufficient backups of their data before termination.
    6. When a co-location account is terminated the Customer must collect any of its equipment within 14 days for the date of termination at a mutually convenient time. If it is not collected within that timescale the Company may deliver the equipment at the Customers cost to its registered office or principal place of business.
12. Assignment
    1. The Company shall be entitled to assign this agreement either in whole or in part. The Customer shall not assign, re-sell, transfer or sub-lease the Hosting Services or their rights under these terms and conditions. Without the written consent of the Company breach of this restriction in any way will result in the customer’s account being terminated.
13. Personal Data
    1. The Company and/or its employees reserves the right to hold the names and other information from the application form relating to Customers in a computerised database for internal use only within the Company subject to the provisions of the Data Protection Act.
14. Force Majeure

    The Company shall be under no liability to the Client in respect of anything which, part from this provision, may constitute breach of this Agreement arising by reason of force majeure, namely, circumstances beyond the control of the Company which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, acts of terrorism (including loss resulting from emergency powers or sanctions put in place by the various authorities in the event of an act of terrorism, suspected or anticipated act of terrorism or in the case of their efforts to avoid an act of terrorism), riot, civil commotion or civil authority, including acts of local government and parliamentary authority; inability to supply the Software, materials, breakdown of equipment and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lockouts and whether between either of the parties hereto and any or all of its employees and/or any other employer and any or all of its employees and/or between any two or more groups of employees (and whether of either of the parties hereto or any other employer).

15. General
    1. These terms constitute the entire agreement between the Parties and supersede any prior agreement whether written or oral.
    2. These terms shall be governed by and construed in all respects in accordance with the laws of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales. In the event that this agreement is translated into any other language, the English language version shall prevail.
    3. If any of the provisions of clauses or sub-clauses of this agreement is held not to be valid but would be valid if parts of the wording were deleted or modified, then that term shall apply with such deletion or modification as may be necessary to make it enforceable.
    4. If any part of these terms or the application thereof to any person shall for any reason be adjudged by a court of competent jurisdiction to be invalid such judgement shall not affect the remainder of these terms which shall continue in full force and effect.
    5. Expressions in the singular include the plural and the masculine include the feminine and vice versa.
16. Waiver
    1. Failure by the Company to exercise any of its rights thereunder shall not amount to a waiver of any such right, or operate so as to bar the exercise of enforcement at any time or times hereafter.
17. Notices
    1. Any notice to be served by the Company on the Customer shall be deemed to have been duly served if sent by first class post or facsimile transmission to the Customer at his last know address. Any notice served by first class post shall be deemed to have been served 2 days after posting and any notice served by facsimile transmission shall be deemed served 24 hours after sending.
    2. Any notice to be served on the Company should be served by sending said notice by post to the Company’s registered address. Any notice served shall only be deemed served once the Customer has received an acknowledgement from the Company. Proof of acknowledgement of receipt of such notice by the Company will only be deemed valid if produced in writing.

Terms and conditions for use of Blue Lightning Internet website

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Blue Lightning Trading Ltd. makes no guarantee or warranty concerning the availability of this service, and reserves the right to add, amend and remove information without prior notice. The purchase of products and services advertised on this site will be subject to separate terms and conditions, most of which are available on this site, the remainder are available on request.

Please contact us should you have any further enquiries regarding this site.