These Terms set out the terms between you and us when you access our website www.webhostingwatch.org (the “Website”). These Terms apply to all users of, and visitors to, the Website. Your use of the Website means that you accept and agree to abide by these Terms and our Privacy and Cookies Policy which is deemed to form part of these Terms. These Terms take effect from the date of your first use of the Website.
1. Your use of the Website
- to send or post any harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- in any way that is fraudulent, false, deceptive, misleading, or deceitful, or has that purpose or effect;
- to interfere with any other person’s use or enjoyment of the Website;
- to send or post any materials which contain viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or code design to adversely affect the operation of any computer software or hardware;
- to send or post any unsolicited or unauthorised advertising or promotional materials (e.g. spam);
- in any way that constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- in any way that infringes any patent, trade mark, trade secret, copyright or other intellectual property or proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- You may not deploy within our Website any bot, spider, web crawler or other automated query program at any time for any reason. We prohibit scraping, crawling, caching or otherwise accessing any content on the Website. The use of automated systems or software to extract data from the Website for commercial purposes, (‘screen scraping’) is prohibited unless you have a written licence agreement with IOF in which permits you to do so.
- Except in relation to reviews which you post and personally identifiable information (which is covered under our Privacy and Cookies Policy) any material you send or post to the Website shall be considered neither confidential nor proprietary. We shall have no obligations with respect to such material and shall be free to host, display and otherwise use such material for any purpose anywhere in the world.
2. Intellectual Property
- The Website and its content (including all articles, photographs, images, text, fonts and designs) is owned by us and our licensors (unless indicated otherwise) and is protected by copyright, trade marks (both registered and unregistered), database rights, design rights and other intellectual property rights.
- You may view, retrieve and display the content of the Website on a computer screen or other device which connects to the internet or print one copy of such content for your own personal, non-commercial use, provided you;
- keep intact all and any copyright and proprietary notices; and
- do not otherwise reproduce, copy, distribute, resell or otherwise use it for commercial purposes.
- If you wish to reproduce any of our Website content commercially (including as part of any company website) please contact us using our feedback form. Permission to reproduce any of our content is at our sole discretion.
3. Our Liability
- NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LOSS OR DAMAGE FOR WHICH LIABILITY CANNOT BE LIMITED OR EXCLUDED BY LAW.
- Subject to clause No.3 – first bullet point, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR MANAGEMENT TIME ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.
- Subject to clause No.3 – first bullet point , the content of this Website does not constitute professional advice or detailed guidance. While we try to ensure that content on the Website is correct, reputable and of high quality, WE GIVE NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE CONTENT AND AS TO WHETHER THE CONTENT IS ACCURATE COMPLETE OR CURRENT. WE SHALL NOT BE LIABLE FOR ANY RELIANCE PLACED ON ANY OF THE CONTENT ON THE WEBSITE BY YOU OR ANY THIRD PARTY.
- The Website contains reviews of hosting providers and other online services posted by users of the Website. Views expressed in these reviews are the views of the reviewer and not IOF. Subject to Clause No.3 – first bullet point, WE ARE NOT LIABLE TO YOU FOR ANY ERROR OR INACCURACY CONTAINED WITHIN THE REVIEWS OR FOR ANY LOSS OF ANY KIND YOU SUFFER, INCLUDING TO YOUR REPUTATION, AS A RESULT OF THE REVIEWS.
- The Website may contain links to other websites or material that are beyond our control. Subject to clause No.3 – first bullet point, WE ARE NOT RESPONSIBLE FOR THE CONTENT ON ANY THIRD PARTY WEBSITE.
- The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws and industry codes of practice. Subject to clause No.3 – first bullet point, WE WILL NOT BE LIABLE TO YOU FOR ANY ERROR OR INACCURACY IN ADVERTISING AND SPONSORSHIP MATERIALS OR FOR ANY LOSS OF ANY KIND WHICH YOU SUFFER AS A RESULT OF SUCH ADVERTISING OR SPONSORSHIP.
- You acknowledge that the above exclusions and limitation of liability are reasonable given that the Website merely displays information and reviews in relation to third party products and services.
4. Availability of the Website:
We make no promise that the Website will meet your requirements. We cannot guarantee that the Website will be fault-free. If a fault occurs with the Website you should report it to using our feedback form and we will attempt to correct the fault as soon as we reasonably can. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Website as soon as we reasonably can.
- We offer a promotion whereby you may submit reviews of specified web hosting companies for publication on the Website. Reviewers whose reviews appear on the Website may be eligible to receive a specified gift (the ‘Prize’) subject to this clause 5. For the purposes of this clause 5, people who submit reviews are called ‘Reviewers’.
- We, at our sole discretion, determine whether reviews provided by Reviewers qualify for publication on the Website. Our judgement is final and no correspondence will be entered in to in respect of the publication of reviews. Only reviews of selected web hosting companies qualify for the promotion. A list of web hosting companies eligible for review in a promotion is published here from time to time;
- The current Prize is a Domain.com gift voucher which entitles its holder to claim a domain name. A Domain.com voucher code will be sent by email to Reviewers whose reviews are published in the calendar month following publication. For example, a qualifying review published in May 2015 would receive a gift voucher by the end of June 2015. Any queries regarding the gift vouchers should be directed to us at using our feedback form.
- By submitting a review, Reviewers promise that:
- their review represents their genuine, independent view and is not motivated by a desire to damage or enhance the reputation of the subject of the review;
- their review is not submitted in consideration for money or money’s worth from a third party;
- their review is entirely the original work of the Reviewer and is not copied from any other source or otherwise published all or part of the review elsewhere; and By providing the review the Reviewer hereby grants IOF a perpetual, exclusive, irrevocable, royalty free, licence to host, display and otherwise use the review for any purpose anywhere in the world.
- Only one Prize may be claimed per household.
- For the avoidance of doubt, we may at our sole discretion for any reason and at any time:
- reject any review for publication;
- remove any review from the Website;
- substitute the Prize for an alternate of equivalent value; and
- withdraw any offer made in relation to this promotion and bring this promotion to an end.
6. General Terms
- We may update these Terms from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any changes will be notified via a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms.
- You may not assign any of your rights or transfer any of your obligations under these Terms to any other person.
If we decide not to exercise or enforce any right that we have against you at a particular time, this does not prevent us from later deciding to exercise or enforce that right.
- We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
7. Law and Jurisdiction
- These Terms and any dispute arising out of or in connection with these Terms and your use of the Website shall be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to commence court proceedings, you must do so in the courts of England and Wales.
- We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
If at any time you would like to contact us about your views or any enquiry relating to these Terms.