Domain name registrations

Charges for Domain Names registered on behalf of clients will be invoiced immediately upon registration. Payment terms for this service are payment in full within seven days of date of invoice. Domain names registered and parked on behalf of clients will not be released until Lola Ltd has received payment in full. We reserve the right to charge an administration fee to transfer domain names registered by us on a client's behalf to another registrar.

Web Site Hosting

Charges for Web Site hosting are payable by the client annually in advance. No site will be uploaded to our server until Lola Ltd has received payment for the first year's hosting charges in full.

E-Mail and Web Site Forwarding

Charges for redirection to web sites or e-mail will be invoiced annually in advance. These services will not be activated until Lola Ltd has received payment in full.

Web Site Design and Construction

Payment of balance owing (after any deposit) for web site design and construction will become due immediately upon completion and approval of the site by the client. Sites will not be uploaded to our server or released in any recorded media form until Lola Ltd has received payment in full.

Changes to textural or graphic content of a web site under construction are included in the cost of construction of a web site subject to the following limitations: all reasonable and necessary textural changes of up to 50% of the original content. All reasonable and necessary changes to graphic content of one image per page. Further amendments will be at additional cost as agreed between Lola Ltd and the client.

If the contract is not completed within six months of signing due to failure by the client to supply necessary content such as text or graphics, we reserve the right to consider the contract complete at that point and render our invoice for the full amount.

The rights to the work on any completed web site will at all times remain the exclusive property of Lola Ltd. However, we will grant an unrestricted and irrevocable licence to the client to publish the works to the World Wide Web subject to the conditions below.

We do not allow adult, Warez, illegal MP3 sites or IRC Bots on our server.

The client may not store any more data in their account than the allotted virtual server space.

The client's virtual server (including FTP access and Telnet) is for their personal use only. Passwords must not be divulged to any other person and all reasonable precautions must be taken to ensure that it is not discovered to any other person.

Backing up of data stored on our server is not guaranteed. It is the client's responsibility to take backup copies of all data stored on the virtual server.

The client may not run server processes, e.g. talkers, IRC Bots from their virtual server.

Commercial use of web space and FTP is permitted. The client is responsible for the content of pages, including the legal permission for works they contain, and ensuring that the content does not violate U.K. law.

The client will accept full responsibility for any unlawful, defamatory, confidential, secret or any other proprietary material available via their pages.

We reserve the right to remove material deemed inappropriate from the client's web pages without notice.

If a client's bandwidth reaches a point where it has an adverse effect on other clients, we reserve the right to disable that site until bandwidth usage is reduced. Sites that exceed their nominated bandwidth allocation are liable for additional charges.

Lola Ltd will not be held liable for any loss or damage caused by use, misuse, removal or unavailability of any of our services.

We reserve the right to cancel your account at any time without notice if our terms and conditions are not complied with. A reactivation charge will be levied for accounts cancelled under this condition.

We reserve the right to amend and update our terms and conditions of sale at any time without notice.

Lola Ltd Terms of Service (TOS)

Lola Ltd issues this document. The company shall be known throughout this document as Lola Ltd.

Use of Lola Ltd Service constitutes acceptance and agreement to our TOS (Terms of Service). All service provisions are subject to the TOS (Terms of Service) of Lola Ltd.

The TOS may be changed from time to time at the discretion of Lola Ltd. The client understands that change to the TOS by Lola Ltd shall not be grounds for non-payment.

Lola Ltd agrees to provide the client with web hosting services for a monthly or annual fee. Lola Ltd will never require clients to advertise for Lola Ltd on their website in any way shape or form unless agreed upon, such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use Lola Ltd services for personal and/or business/commercial websites or content.

Content:

All services provided by Lola Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Lola Ltd from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult Content:

Lola Ltd does not allow adult "xxx" related websites, pornography and sex-related content on its servers. Nor do we allow adult subscription or membership based "pay sites". This includes sexual content, or links to adult content hosted elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Lola Ltd will be the sole arbiter as to what constitutes a violation of this provision.

Educational adult websites and adult e-commerce stores are allowed but due to such a fine line we recommend checking with Lola Ltd support before hosting such websites. Lola Ltd will be the sole arbiter as to what constitutes a violation of this provision.

Some Examples of Unacceptable Content:

- Adult / Pornographic
- Hacking programs / Hacking Archives / Hacking Information
- Warez Sites
- Spam / Spamming Software

Distribution or Transmission of Obscene or Indecent Speech or Materials:

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights:

Material accessible to you through Lola Ltd's Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Lola Ltd Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Lola Ltd Network. If you use a domain name in connection with the Lola Ltd Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

SPAM and Unsolicited Email:

Lola Ltd takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that Clients of Lola Ltd may not use or permit others to use our service for sending SPAM Emails. Clients of Lola Ltd may not host, or permit hosting of, sites or information that is advertised by SPAM from other services. Violations of this policy carry severe penalties, including termination of service.

If a customer is found to be in violation of our SPAM policy, Lola Ltd may, at its sole discretion, restrict, suspend or terminate a customer's account. In addition, Lola Ltd may impose a £100 penalty for each spam policy violation. Lola Ltd solely reserves the right to refuse or cancel service to known spammers. Lastly, Lola Ltd reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

"Catch All" Email Accounts:

Lola Ltd does not allow the use of "catch all" email accounts. This is the practice of anything@yourdomain.com directing all mail to a single mailbox. This practice is out-of-date and causes extreme surges of spam, both for you and for our spam filtering servers. To use an email address you must login to your control panel and create the required mailbox, catch-all mailboxes are banned and if found will be removed without notice or your account disabled.

MailFoundry Spam Filtering Limits:

Some domain names may have too many mailboxes or receive such a high volume of spam email that it will not be possible for us to provide MailFoundry service to them, due to the extreme usage. While MailFoundry is a dedicated system for handling huge volumes of spam it does have limits. Should the amount of spam or number of mailboxes in use on a domain break what Lola Ltd believes to be realistic limit thresholds then we will inform you that MailFoundry services will not be continued for your domain. SpamAssassin will be supplied in replacement to MailFoundry. It may be possible to buy MailFoundry services for 'extreme usage' domains for an additional negotiable charge depending on usage history and expected MailFoundry processing requirements.

Scripting, Applications and Background-running Programs:

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.

You are free to use any scripts (such as php, cgi or perl) you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.

Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, galleries, and banner exchanges. In the event a script affects normal server and/or administrative operations, Lola Ltd reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

- Chat servers/scripts of any kind are strictly prohibited.
- Formmail scripts using the filename "formmail" are prohibited.

Formmail and contact forms are acceptable providing the script is not named "formmail" for its filename and providing that you maintain the latest version of the script and it remains secure and un-abused by spammers.

We do allow you to have ONE remote MySQL user if requested. The user must have a fixed, none changing, IP address for us to grant access to. You can request a remote MySQL user via our helpdesk.

Network Security:

Customers may not use the Lola Ltd Network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Lola Ltd will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Support Boundaries:

Lola Ltd may provide at its sole discretion technical support to its Clients.

Lola Ltd limits technical support to its area of expertise, this is providing web hosting services and related features. Lola Ltd does not offer support for application specific issues such as php programming, cgi programming, html, website design and development or any other such issue. Lola Ltd does not provide technical support for YOUR Clients.

Any additional work you may require from Lola Ltd staff which does not fall within usual support boundaries is charged at a rate of £50 GBP per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.

Cancellations:

Requests for cancellation must be submitted in writing to our registered office address.  Your cancellation will be confirmed by Lola Ltd.

Cancellation must be received 48 hours or more before your next payment is due. Lola Ltd will then stop all recurring payments due and you will NOT be billed again.

Changing a domain's DNS to another provider or transferring a domain away from Lola Ltd does not constitute a cancellation request. A cancellation request must be submitted to our helpdesk and we will then confirm the cancellation date back to you.

Payment:

Establishment of this service is dependant upon receipt by Lola Ltd of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup (monthly or yearly terms).

Service may be interrupted on accounts that fall overdue (such as a credit card being declined or expired). Lola Ltd may, at its sole discretion, charge a fee of £15.00GBP to reinstate a suspended account.

When payment is declined from your chosen payment method we will send an email notification and retry payment the following day, this will occur 3 times over a 3-5 day period. After this period if we have not received payment or had notice from you that the due payment is in hand, your account will be suspended or terminated at the sole discretion of Lola Ltd.

It is very important you keep your email address on file with us current by notifying us of email address changes via our customer support page. Failure to keep us updated with your current email address may mean important communications don’t reach you, resulting in suspension or termination of your hosting account.

A service charge, equal to the charge incurred by Lola Ltd, will be charged to your account for each cheque or other form of payment that is returned to Lola Ltd unpaid.

Refunds and Disputes:

All payments to Lola Ltd are non-refundable. This includes any setup fee and subsequent charges regardless of usage. If you dispute a charge to your credit card issuer that, in Lola Ltd's sole discretion is a valid charge under the provisions of this TOS, you agree to pay Lola Ltd an Administrative Fee of not less than £25 and not more than £100.

If you are paying annually for hosting services and cancel early before your 12 months of service is over, we will not issue a pro-rata refund for full unused months at time of cancellation.

Lola Ltd does not offer any kind of "money back guarantee" or "trial period".

All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your term.

VAT and Payment Currency:

UK and EU clients will be billed in GBP (Pounds Sterling) and prices include VAT. Clients in the rest of the world will be billed in USD with VAT not applicable to our USD pricing.

If you are a VAT registered business in another EU member state then you must supply your VAT registration number for VAT to be zero-rated. If your VAT registration number is not supplied or cannot be confirmed as valid then VAT at the UK rate will apply.

Product Pricing:

Lola Ltd reserves the right to change the pricing of products and/or services at any time.

Invoicing:

Lola Ltd will provide paper or hard-copy invoices. PDF invoices are also sent via email.

Domain Name Expiry and Redemption Fee's:

Lola Ltd is not liable for expiry or loss of your domain name.

Before a domain expires you will be reminded to renew your domain by post or email to the address we hold on file for you. On the date a domain expires it will be deactivated by the registry, and no longer display your website. Once a domain is deactivated and expired you will have 30 days to contact us to renew the domain name at our regular renewal rates.

Redemption Period - After 30 days have passed since the expiry date of your domain, the domain is placed in its "redemption period" and to renew the domain at this stage will cost $200 USD (approx £100 GBP). This is a cost charged by the registry and passed on to you by us. Redemption periods last between 30 and 60 days, and then the domain is released to the public so anyone can re-register your domain and you will lose it.

Domain Transfers:

Any domain name registered by Lola Ltd (as your agent) is yours to keep. You can transfer your domain name to a different registrar at any time once the domain is 90 days old - Newly registered domains do have a 90 day waiting period where they cannot be transferred from Lola Ltd to a different registrar.

Free Domain offers:

Occasionally we run a promotion and supply a free domain name when hosting is purchased. The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year (2 years for .uk domains) on your behalf. All we ask is that you stay hosting with us for a minimum of 12 months. If you decide to leave before 12 months and you want to take the domain with you we will only release it once you have paid our normal domain registration fee. If you stay for 12 months or longer and then decide to leave you are free to take the domain at no charge.

Managed Dedicated Servers:

Dedicated server customers should also read and agree to the following before signing up for service with Lola Ltd:

Lola Ltd dedicated solutions include server management in the monthly fee. Lola Ltd defines server management as general maintenance, updates and security hardening, plus standard administrative duties of up to 3 hours per month. Additional management work over this 3 hour inclusive period incurs a service fee based on a £50GBP/hour labour rate, billed in half-hour increments with a half-hour minimum charge.

Lola Ltd will make all reasonable efforts to satisfy the customer's requests for technical and/or administrative changes to the customer's dedicated servers. Certain tasks, such as repairing software/system faults caused by the customer, or installing certain additional software packages, may, at the sole discretion of Lola Ltd, incur a service fee based on a £50GBP/hour labour rate, billed in half-hour increments with a half-hour minimum charge.

Customers are responsible for and subject to all software vendor licensing terms, conditions, restrictions, and limitations. It is the customer's responsibility to ensure conformance to and abide by the specific terms and conditions of each application's licensing agreements.

Lola Ltd does not guarantee the daily backups of your dedicated server. Lola Ltd can accept no responsibility for any loss of data or consequences arising from this. Lola Ltd always advises clients to back up their site data regularly for its own protection.

Cancellation of any dedicated server must be made at least 7 days before your monthly billing date. Failure to provide enough notice may result in a further month's fee being due.

Once a dedicated server has been cancelled we will provide you with written confirmation of the cancellation. Without written confirmation from Lola Ltd your service will not have been correctly cancelled and continue to fall due for payment on your monthly billing date as arranged upon commencement of your service.

Dedicated servers are exempt from the following sections of our normal TOS:

Adult Content - You are allowed to host tasteful adult content on dedicated servers.

Background-running Programs - You can run background processes on dedicated servers.

Banned Scripts - We do not enforce the banning of any scripts on dedicated servers.

Abuse:

Any attempts to undermine, slander, libel, threaten, or cause harm to a Lola Ltd server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Refusal of Service:

Lola Ltd reserves the right at its sole discretion to refuse or cancel service. Violation of any of Lola Ltd's TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.

Information Disclosure Policy:

Lola Ltd will not otherwise disclose its customers' personal and account information unless Lola Ltd has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Lola Ltd, Lola Ltd' customers, or others, or where Lola Ltd has a good faith belief that the law requires such disclosure.

Lola Ltd also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail, electronic communications, or other electronic data that Lola Ltd stores or transmits for its customers. The circumstances under which Lola Ltd will disclose such electronic customer communications or data are when:

- it is necessary in order to provide service to the customer
- it is necessary to protect the legitimate interests of Lola Ltd and its customers
- it is required to cooperate with dispute policies, court orders, warrants, or other legal processes that Lola Ltd determines in its sole discretion to be valid and enforceable
- it is necessary to provide to a law enforcement agency when the contents appear to pertain to the commission of a crime

Privacy Policy

It is the policy of Lola Ltd to not disclose any personal information or account data to third parties without prior consent of the individual unless instructed to do so by a court of law or other legal warrant/document.

Lola Ltd will in the normal course of its business collect personal information from clients and prospective clients, for the purposes of billing, customer service, provision of information, as well as other legitimate business reasons. This information may be stored in a number of ways including electronic and paper formats.

Any person may request a copy of personal information pertaining to themselves, which shall be provided free of charge after reasonable proof of identity. Any personal information held on our systems will be deleted on request and after reasonable proof of identity

We may also store information about you using cookies which we can later access when you visit our websites at a later date. If you want to delete any cookies that are already on your computer, please refer to your system administrator who will be able to help you locate and remove these cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer's instructions by clicking "Help" in your browser menu. Please note that taking either of these measures may prevent you accessing features offered from our sites.

As with most websites, when you visit one of our sites, we will log your IP address and time of access which may be used later for research or fault investigation processes.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Lola Ltd (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Lola Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Lola Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Lola Ltd server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Lola Ltd to the amount paid for service.

Disclaimer:

Lola Ltd will not be responsible for any damages your business may suffer. Lola Ltd makes no warranties of any kind, expressed or implied for services we provide. Lola Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Lola Ltd and its employees. Lola Ltd makes no "uptime" guarantees. The Client agrees that Lola Ltd shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Lola Ltd's liability for its own negligence is zero, and Lola Ltd may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Lola Ltd be liable for any special or consequential damages, loss of revenue or injury.

Lola Ltd can accept no responsibility for any loss of data or consequences arising from this. Lola Ltd always advises clients to back up their site data regularly for their own protection. Lola Ltd does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.

Lola Ltd furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws and this Lola Ltd TOS. A reseller's client's failure to comply with those laws and our TOS will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Lola Ltd then Lola Ltd will not be responsible for maintaining hosting for the resellers customers. Lola Ltd has no agreement or responsibility to any resold services. Resold services to others are your own responsibility.

All communications (emails, verbal or written) are between Lola Ltd and the client. These communications are private and are therefore not to be shared with any other parties.

This agreement is made between the customer (as specified in the customer details section when placing your order) and Lola Ltd. If you are purchasing hosting on behalf of another party please ensure you specify the account owner’s details in the customer details section. Lola Ltd will only be able to communicate with regards to the account with the registered customer and not a third-party.

Finally, Lola Ltd wishes to emphasise that in accepting services, customers indemnify Lola Ltd for the violation of any law or Lola Ltd policy that results in loss to Lola Ltd or the bringing of any claim against Lola Ltd. This means that if Lola Ltd is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Lola Ltd, plus costs and reasonable legal fees.

 Failure to comply with any of our terms of service will result in grounds for immediate account deactivation or removal.