Terms and Conditions ("Agreement")

This Agreement was last modified on February 20th, 2014.

Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using ("the Site") operated by Clear Media UK Ltd ("the Company", "us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at

"Customer" means the individual accepting the terms of this Agreement or the entity such individual represents, as applicable.

These terms and conditions constitute an agreement between Clear Media UK Ltd (herein referred to as 'the Company') and you 'The Client'.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions.

Intellectual Property
The Site and its original content, features and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive Cancellation shall survive Cancellation, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We may cancel your account for any of the following breaches of our terms and conditions: The hosting of, anything of an obscene nature. The hosting of, reference to or linking to violations of any copyright or any other right of any third party. The hosting of, reference to or linking to threatening, abusive, harassing, defamatory statements. The hosting of, reference to or linking to promotion of illegal activities (e.g. information on hacking, cracking, making illegal devices, etc). The hosting of, reference to or linking to information, instructions, or software containing or about any kind of virus. The hosting of, reference to or linking to hate speech or hate propaganda. The hosting of scripts or systems that causes server performance to decrease or cause a serious problem with the smooth running of the server. Be warned that this can include many of the popular forum / community systems once under medium to heavy load due to the intensive way in which they operate. Should your account be found to be causing server performance problems you will be emailed with the instruction to upgrade without delay to a more suitable package (which is designed for & supports high usage scripting) or make alternative arrangements with another Company for the hosting of your website. We will typically give you 48 business hours to upgrade or 7 days to make alternative hosting arrangements. The Company will be the sole judge of how many resources any script is using and how the script or system is affecting other users. The hosting of, reference to or linking to misrepresentation(s) of member's identity, or the impersonation of anyone. Collection of personal information for illegal purposes. E.g. Phishing. The hosting of, reference to or linking to content that is deemed by the Company, in its sole discretion, to be harmful to the Company, another Company or organisation, or individual. The hosting of, reference to or linking to any products or services (or information relating to them), that is deemed by the Company, in its sole discretion, to be harmful, illegal, dangerous, pornographic, or indecent. Multiple website hosting within one hosting package. Each website you wish to run must have its own web hosting package and you must not host more than one website within your web space.

Data Storage
The Company will endeavour to retain regular system backups, however the Company will not be held responsible for loss, consequential, incidental and special damages, including but not limited to loss of use, business interruptions and loss of profits, or incidental consequently punitive or exemplary damages, resulting from any loss of data or service. It is the sole responsibility of the Client to ensure adequate backups and storage provisions are kept.

Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Clear Media UK Ltd.

Clear Media UK Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of United Kingdom, without giving effect to any principles of conflicts of law.

Fair Use Policy
All features, including 'Unlimited' features are subject to this fair use policy.

For some shared resources we require that customers do not continuously use an unreasonable excess of those resources. Examples of an excess might include; continuously using many times the base-allocation of un-metered bandwidth. In such circumstances we reserve the right, at our discretion, to request that the Client cease such activities or are forcibly upgraded to a more suitable package or, in the case of excess use of un-metered bandwidth, be moved to a metered bandwidth connection. The Company reserves the right to limit any feature of any Client account after giving 48 hours prior notice. It is the sole right of the Company to decide if resources are being used to an unreasonable excess.

Limitation of Liability
The Company will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by The Client or for any wasted management time or failure to make anticipated savings or liability The Client incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

No matter how many claims are made and whatever the basis of such claims, The Company's maximum aggregate liability to The Client under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by The Client for the services in relation to which The Client's claim arises during the 12 month period prior to such claim.

None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of The Company, its employees or its sub-contractors

The Client shall indemnify and hold harmless the Company from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses including reasonable attorneys fees arising from or relating to the Clients provision, or an end users use of the Clients content, any cancellation event imposed by the Company as identified in the Cancellation section of this agreement, any infringement of third party rights including intellectual property rights, fraud, Data Protection Act infringements or other breaches of law, storing credit card details or any act error or omission of Client in connection therewith, including but not limited to matters relating to incorrect, incomplete, or misleading information; libel, invasion of privacy; infringement of copyright trade name, trademark service mark or other right or violation of applicable law.

Data Protection
The Client agrees that they are ultimately responsible for ensuring data protection. The Company will not accept responsibility for loss or theft of data, unless a separate data protection agreement between the Company and the Client has been made in writing and which overrides this contract. The Company will not be held responsible for any loss or damages that occur from the improper implementation of data protection requirements. The Client undertakes that it will not collect data from or via their Website(s) without obtaining the appropriate registration and otherwise complying with its obligations under the Data Protection Act or equivalent legislation.

The Company reserves the right to view the contents of, copy, move, delete or execute any file uploaded onto its systems by any party without exception.

Your IP address, the time and any URL(s) / file(s) you upload are logged and kept. The company will fully cooperate with any police requests for your data including handing over logs, files and any other records we store.

Force majeure
The Company shall not be liable for any failure to perform its obligations where there is a failure through any circumstances beyond the Company's reasonable control including but not limited to Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or [telephone service], and no other Party will have a right to terminate this agreement in such circumstances.

The Company makes no representations, warranties or assurances that the Clients equipment will be compatible with the Company's services.

The Company uses standard web hosting software to provide its services. Including the Linux Operating System, Apache web server, MySQL database system and PHP processing engine. It is the sole responsibility of the Client to judge if our services are suitable for their needs. The Company will only guarantee that its services use current (from the date these terms and conditions were last amended) Internet protocols.

Storing Credit Card Details
Customers are strongly advised not to store credit card details on our servers. The Client shall indemnify and hold harmless the Company from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses including reasonable attorneys fees arising from or relating to the Clients storage of credit card details on the Company's servers.

The Client may not assign this agreement without the prior written consent of the Company which the Company may refuse, at the Company's sole discretion. The Company may assign this agreement by providing written confirmation of the assignment to the Client.

Warrantees Disclaimer
You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Server Use
The Partnership reserves the right to refuse service and/or access to its servers and/or services to anyone.

The Partnership reserves the right to move your data to a different server with no previous notice.

Refund Policy
The Company regrets it cannot offer any refunds.

Changes to this Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Contact Us
If you have any questions about this Agreement, please contact us.