Netcom Customer Agreement (NHCA)

1. Introduction

This Agreement sets out the terms governing the provision and use of Netcom connectivity, hosting, and related services. Continuing to use Netcom services confirms that the customer accepts the latest version of this Agreement. Acceptance is required to maintain uninterrupted service.

2. Service Overview

Netcom supplies managed email hosting, web hosting, and other related services (“Services”). The Services are licensed, not sold, and are made available on a subscription or usage basis.

2.1 Licence to Use Services

• Customers receive a non-exclusive, non-transferable right to use the Services for their own internal business or personal purposes.
• This right is conditional on compliance with this Agreement and any applicable service-specific terms.
• Services may be provided on a fixed term, rolling, or usage-based subscription. Unless otherwise stated, subscriptions renew automatically until cancelled.

2.2 End Users & Account Control

• The Customer is responsible for how its users, staff, contractors, or guests use the Services.
• The Customer must ensure that anyone using the Services under its account complies with this Agreement.

2.3 Reservation of Rights

Netcom reserves all rights in the Services that are not expressly granted in this Agreement. Nothing in this Agreement transfers any intellectual property rights in the Services to the Customer.

2.4 Restrictions

Customers must not: - reverse engineer, decompile or attempt to access the underlying source or infrastructure of the Services (except where local law permits despite this restriction); - remove or bypass technical protections, rate limits, or access controls; - sub-license, rent, lease, or resell the Services to third parties without written consent; - split, separate, or use parts of a Service on different accounts in a way that circumvents plan limits; - use the Services to offer hosting or connectivity services to others unless expressly agreed in writing.

2.5 Third-Party and Non-Netcom Services

Some Services may include or rely on third-party products, cloud platforms, software, or integrations (for example, software vendors, cloud providers, or domain registries). These are provided under their own terms. Netcom is not responsible for: - the licensing terms of such third-party services; or - any issues caused by changes, faults, or withdrawals of third-party services.

Use of third-party services is at the Customer’s risk and subject to the relevant provider’s terms.

3. Migration to New Netcom Hosting Platform

All Netcom services must operate on the new primary hosting platform at https://netcomhosting.com. Any service, server, or infrastructure previously used to operate a customer account — including older systems, legacy environments, or discontinued hardware — is defined as a Legacy Product.

3.1 Legacy Product Discontinuation

• Legacy Products will be phased out and fully discontinued.
• Customers must migrate their services to the new platform to ensure continued operation.
• Netcom may retire, deactivate, or restrict Legacy Products at any time as part of the platform transition.
• Continued use of Legacy Products is unsupported and may result in service interruption.

4. Price Plans

Netcom offers a range of hosting packages, including Personal Hosting, Intermediate Hosting, and Business Hosting. For the most up-to-date pricing and plan details, customers should refer to:

https://netcomhosting.com/clients/store

Pricing, features, and availability may change at any time.

5. Fair Usage Policy

Netcom operates a Fair Usage Policy (FUP) to maintain service quality. Excessive or abnormal consumption may result in traffic management or restrictions. “Unlimited” features apply within reasonable usage and cannot be used for long‑term archiving or non‑mail file storage.

6. Email Services & Email Fair Use Policy

Email services (including webmail, IMAP, POP3, SMTP, and mobile access) are subject to Netcom’s Email Fair Use Policy.

6.1 Sending Limits

• Each mailbox is subject to hourly and daily sending limits.
• Large recipient lists may be throttled or refused.
• Bulk, automated, or marketing email requires prior written consent.

6.2 Prohibited Uses

Customers must not: - Send unsolicited marketing emails or spam. - Use the service for phishing, malware distribution, or unlawful content. - Store large non‑email data within mailboxes. - Operate open relays or circumvent sending limits.

6.3 Storage Limits

“Unlimited” storage is subject to normal business or personal usage. Excessive consumption, including storage above typical mailbox levels or non‑mail data, may require remedial action or migration to another service.

6.4 Security & Access

• Secure passwords must be used and updated regularly.
• Multi‑factor authentication is recommended where available.
• Compromised accounts may be temporarily disabled without notice.

6.5 Filtering, Backups & Data Retention

• Incoming messages are scanned for spam and harmful content.
• Quarantine systems may delay or block delivery.
• Backups are for disaster recovery only.
• Customers are responsible for maintaining their own long‑term email archives.

7. Service Availability & Performance

Services may experience downtime due to maintenance or external factors. Netcom will make reasonable efforts to minimise disruption and restore connectivity quickly.

8. Remote Technical Support

Customers receive 30 minutes of remote technical support per year at no extra charge. Additional support is available on a paid basis, with costs provided upon request.

9. Acceptable Use

Customers must not: - Attempt to bypass security controls or interfere with infrastructure. - Install or run services that impact network performance without approval. - Access another customer’s data or network resources.

Breaches may result in suspension or termination.

10. Billing & Charges

• All charges are disclosed at sign‑up.
• Failure to pay may result in restricted or terminated service.

11. Monitoring, Compliance & Confidentiality

11.1 Monitoring & Technical Logs

To protect the network, maintain performance, and enforce this Agreement, Netcom may: - monitor traffic patterns and system performance at a network and service level; - collect and retain technical logs (such as connection times, IP addresses, bandwidth usage, and error reports); - use automated systems to detect abuse, malware, or security incidents; and - temporarily restrict or suspend access where misuse or security risks are detected.

Content of communications is not routinely inspected, but traffic may be scanned automatically for spam, malware, or similar threats.

11.2 Confidentiality

Each party may receive non-public information from the other in the course of providing or using the Services (“Confidential Information”). Each party agrees to: - use Confidential Information only for the purposes of the relationship under this Agreement; and - protect it with at least reasonable care and share it only with personnel or subcontractors who need to know it and are bound by confidentiality duties.

Confidential Information does not include information that is already public, received from another lawful source, developed independently, or required to be disclosed by law or regulation. Where disclosure is required by law, the receiving party (where legally permitted) will give reasonable notice to the other party.

NetcomHosting will handle personal data in line with applicable UK data protection law and any separate privacy or data processing notices provided to the Customer.

12. Changes to This Agreement

Netcom may update this Agreement to reflect legal, technical, or commercial developments. Customers will be notified of updates. Continued use confirms acceptance.

13. Termination

Netcom may suspend or end a service where a customer breaches this Agreement, including the Fair Use Policy. Customers may request termination subject to any minimum term.

14. Liability

14.1 General

Nothing in this Agreement limits or excludes liability where such limitation is not permitted by law, including liability for death or personal injury caused by negligence or for fraud.

14.2 Service Limitations

Except where expressly stated or required by law, the Services are provided on an “as is” and “as available” basis. Netcom does not guarantee that the Services will be uninterrupted or error-free, or that they will meet every specific requirement of the Customer.

14.3 Exclusions of Certain Losses

To the fullest extent permitted by law, Netcom will not be liable for: - loss of profit, revenue, business, or anticipated savings; - loss of or damage to data (except where caused by NetcomHosting’s deliberate misconduct); - loss of goodwill or reputation; or - indirect or consequential loss or damage of any kind,

whether arising in contract, tort (including negligence), or otherwise, even if such loss was reasonably foreseeable.

14.4 Financial Cap

For any claim or series of related claims, Netcom’s total aggregate liability arising out of or in connection with this Agreement will be limited to the total fees actually paid by the Customer to NetcomHosting for the affected Service during the 12 months immediately preceding the event giving rise to the claim.

Where the Services are provided free of charge, Netcom’s total aggregate liability will be limited to £1,000.

14.5 Customer Responsibilities

The Customer remains responsible for: - ensuring it has appropriate backups of important data; - maintaining appropriate security on its own devices and systems; and - ensuring that any configuration or changes made by the Customer (or on its instruction) are suitable for its needs.

15. Contact & Support

Netcom Support - Telephone: 01603 444 444 - Email: info@netcomhosting.com - Website: https://netcomhosting.com

By continuing to use Netcom services, the customer acknowledges and agrees to this Agreement.