You indicate acceptance of these terms and conditions of service by placing an order with thebase Web Hosting. These terms and conditions will not be varied for individual customers.

1 DEFINITIONS

1.1 In this Agreement the following words and expressions shall have the following meanings:

1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;

1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;

1.1.3 "thebase Web Hosting" means Mark Mearns trading as thebase Web Hosting

1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;

1.1.5 "ISP" stands for internet service provider;

1.1.6 "server" means the computer server equipment operated by thebase Web Hosting in connection with the provision of the Services;

1.1.7 "the Services" means web hosting, domain name registration, email and any other services or facilities provided by thebase Web Hosting.

1.1.8 "spam" means sending unsolicited and/or bulk emails;

1.1.9 "virus" means a computer program that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";

1.1.10 "visitor" means a third party who has accessed the Website;

1.1.11 "reseller" means a Customer who has purchased a hosting account which facilitates the creation of further hosting accounts which may be sold by the Customer;

1.1.11 "sub-account" means a hosting account created by a Reseller.

1.2 Product specifications and details may be found at www.thebase.co.uk.

1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.

1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

2 INTRODUCTION

2.1 The Customer wishes to provide thebase Web Hosting with data that will be hosted on thebase Web Hosting's servers and made accessible via the Internet.

2.2 thebase Web Hosting provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.

3 DUTIES

3.1 thebase Web Hosting shall provide to the Customer the Services specified in their order subject to the following terms and conditions.

3.2 The Customer shall deliver to thebase Web Hosting the website and the software used in the website which is owned by the Customer, or licensed to them by a third party or thebase Web Hosting ("the Customer Software"), in a format specified by thebase Web Hosting.

4 CHARGES AND PAYMENT

4.1 Payment methods include credit cards (including MasterCard and Visa) and debit cards (including Switch/Maestro) through the PayPal website. Invoicing is often available to commercial and non-profit organisations through special arrangement and should be discussed with thebase Web Hosting prior to application.

4.2 thebase Web Hosting do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in 4.1

4.3 The Charges do not include VAT as thebase Web Hosting does not charge VAT at present.

4.4 thebase Web Hosting shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 3% per annum above the base rate of the Bank of England from time to time in force, with a minimum fee of £2.00.

4.5 thebase Web Hosting do not provide credit facilities.

4.6 From time to time thebase Web Hosting may make enquiries on the Customer's company, proprietor or directors of the Customer's company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.

4.7 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year unless cancellation is due to breach of these terms and conditions by thebase Web Hosting.

4.8 Should your chosen payment method fail, thebase Web Hosting will attempt to settle your invoice using any other payment facilities available on your account.

4.9 All services will renew until cancelled by the customer. It is the customer's responsibility to cancel services prior to renewal, such as PayPal subscription payments, as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.

5 IP ADDRESSES

5.1 thebase Web Hosting shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.

5.2 Where thebase Web Hosting changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.

6 SOFTWARE LICENCE AND RIGHTS

6.1 If the Customer requires use of software owned by or licensed to thebase Web Hosting or its server operators ("thebase Web Hosting's software") in order to use the Services, thebase Web Hosting grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use thebase Web Hosting Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in thebase Web Hosting Software.

6.2 In relation to thebase Web Hosting's obligations under this Agreement in connection with the provision of the Services, the Customer grants to thebase Web Hosting and its server operators a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to thebase Web Hosting or its server operators any right, title, interest or intellectual property rights in the Customer Software or the Content.

6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense thebase Web Hosting Software other than is necessary when reselling accounts.

6.4 thebase Web Hosting and its server operators may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, thebase Web Hosting shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.

7 SERVICE LEVELS AND DATA BACKUP

7.1 thebase Web Hosting shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, thebase Web Hosting makes no warranties or representations that the Service will be uninterrupted or error-free and thebase Web Hosting shall not, in any event, be liable for interruptions of Service or downtime of the server.

7.2 thebase Web Hosting and its server operators carry out data backups for use by thebase Web Hosting and it server operators in the event of systems failure. thebase Web Hosting do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly, thebase Web Hosting and its server operators accept no responsibility for data loss or corruption.

8 ACCEPTABLE USE POLICY

8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:

8.1.1 use the Services or the website in any way to send unsolicited commercial e-mail or "spam", or any similar abuse of the Services;

8.1.2 send e-mail or any type of electronic message with the intention or result of affecting the performance of any computer facilities;

8.1.3 send e-mail or any type of electronic message with the intention or result of intimidation, threat or harrassment of the recipient;

8.1.4 publish, post, distribute or disseminate defamatory, obscene, indecent, pornographic or other unlawful material or information (for the avoidance of doubt this includes text, images, video and audio which is considered to be 'Adult' in nature), via the Services or on the Website;

8.1.5 publish, post, distribute or disseminate any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as 'Warez' together with audio, video and torrent files which the Customer does not own or have explicit written consent to distribute), via the Services or on the Website;

8.1.6 publish, post, distribute, disseminate or operate torrent trackers or other such entities via the Services or on the Website;

8.1.7 store files which do not form part of a genuine web site, such as files stored for back up or any other purpose;

8.1.8 operate image, video or file hosting/sharing Websites, casino, gaming or other gambling related entities, via the Services or on the Website;

8.1.9 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;

8.1.10 engage in illegal or unlawful activities including, but not limited to, phishing, denial of service attacks and other fraudulent activity through the Services or via the Website;

8.1.11 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data;

8.1.12 obtain or attempt to obtain access, through whatever means, to areas of thebase Web Hosting's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers when granted; or

8.1.13 operate or attempt to operate IRC bots or any other permanent server process.

8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, thebase Web Hosting is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 thebase Web Hosting shall be entitled to withdraw the Services and terminate the Customer's account without notice.

9 ALTERATIONS AND UPDATES

9.1 All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access these accounts. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform thebase Web Hosting and the password will be changed.

10 WARRANTIES

10.1 The Customer warrants and represents to thebase Web Hosting that thebase Web Hosting's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to thebase Web Hosting as set out in Clause 6.2.

10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, thebase Web Hosting shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

11 INDEMNITY

11.1 The Customer agrees to indemnify and hold thebase Web Hosting and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against thebase Web Hosting arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.

12 LIMITATION OF LIABILITY

12.1 Nothing in these terms and conditions shall exclude or limit thebase Web Hosting's liability for death or personal injury resulting from thebase Web Hosting's negligence or that of its employees, agents or sub-contractors.

12.2 The entire liability of thebase Web Hosting to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

12.3 In no event shall thebase Web Hosting be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or thebase Web Hosting had been made aware of the possibility of the Customer incurring such a loss.

13 TERM AND TERMINATION

13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.

13.2 thebase Web Hosting shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.

13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:

13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or

13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or

13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

13.4 thebase Web Hosting may terminate this agreement at one calendar month's notice if it is to cease trading for any reason. Accounts shall cease to be active from the last day of the last full billing period.

13.5 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

13.6 On termination all data held in the Customer's account will be deleted.

14 ASSIGNMENT

14.1 thebase Web Hosting may assign or otherwise transfer this Agreement at any time.

14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without thebase Web Hosting's prior written consent.

15 FORCE MAJEURE

15.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, flooding, fire, volcanic or seizmic activity, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

16 SEVERANCE

16.1 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

17 NOTICES

17.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by e-mail shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

18 ENTIRE AGREEMENT

18.1 This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

19 GOVERNING LAW AND JURISDICTION

19.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

20 DOMAIN NAME REGISTRATION

20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it thebase Web Hosting will provide a full refund for that domain name.

20.2 Registration of a domain indicated the acceptance of the terms and conditions for individual domain name registrars which can be found on the respective domain name registrars' websites.

21 SCRIPTING

21.1 thebase Web Hosting are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.

22 PRIVACY

22.1 To protect your privacy we will not distribute your details to third parties, unless required to do so by law.

23 DATA TRANSFER

23.1 Web hosting accounts may include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.

23.2 Web hosting accounts that host legitimate file distribution permitted under these terms and conditions (including but not limited to music, video and software) are limited to a maximum data transfer of 20 GB per month for file distribution.

23.3 Customers are not permitted to host adult content orientated websites and are prohibited from hosting banners, graphics, PHP or CGI scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory. See also clause 8, Acceptable Use Policy.

24 SERVER USAGE

24.1 Should your account use more than 5% of the server's processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.

25 RESELLER HOSTING

25.1 Reseller Customers are bound by these terms and conditions like any other Customer.

25.2 Reseller Customers are responsible for all content created and uploaded by their Sub-account holders.

25.3 Reseller Customers must ensure that they operate a terms and conditions of service which reflects the terms and conditions of thebase Web Hosting and they must ensure that all of their Sub-account holders conform to these regulations.

26 STUDENT ACCOUNTS

26.1 thebase Web Hosting offers certain specific accounts for registered students only. These accounts include the 'Student Package' and the 'Student Reseller Package'. Other student only offers may be introduced at any time, and will be clearly described as restricted to registered students only.

26.2 Student accounts can only be purchased by bona fide registered students at a recognised academic institution at time of purchase. Student accounts cannot be purchased by persons who are not registered students.

26.3 Students are requested to use their academic e-mail address at time of sign-up, such as .sch.uk, .ac.uk, .edu or other academic address for the Customer's country. If customers purchasing a student account are unable to demonstrate suitable proof of their entitlement to a student account within seven days, their account is liable for review.

26.4 Student account holders unable to demonstrate their entitlement to such an account will be given the choice to upgrade to a different package, paying a pro-rata fee to make up the difference, or have their account terminated with a pro-rata refund given for the time remaining.

26.5 The acceptability of a Customer's proof of student status lies with Us, and Our decision whether to honour that Customer's student status or not is final. The final decision cannot be appealed against.

27 E-MAIL COMMUNICATION

27.1 thebase Web Hosting communicates with its customers via e-mail and as such you agree to receive by e-mail any relevant communication which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.

28 WEBSPACE USAGE

28.1 Web space, including unmetered web space, is available for genuine web site content only, and content must be linked into genuine web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping by removing unnecessary files when maintaining their account.

29 MAIL BOXES

29.1 Mail boxes not accessed for 100 days or more may be deleted from the system. Customers whose mail boxes exceed 200MB in size may be asked to reduce the contents of the mail box in question.