BeamHost.co.uk
Scope and Reach of Agreement: "Charges" means the charges payable by the Customer for the provision of the Services details of which can be found on the Company's Website through http://www.beamhost.co.uk which may vary from time to time; "Company" means BeamHost.co.uk, a trading name of Othello Technology Systems Ltd, registered in England and Wales under number 03894981. "Commencement Date" means the date upon which the Company confirms acceptance of the Customer's offer to pay for the Services in accordance with these Conditions; "Registration" means an application by the Company acting as agent for the Customer to register domain name(s) with the Naming Organisation; "Service" and "Services" means the providing of Dedicated Server, the Registration of domain name(s) and/or hosting the domain name(s) of the Customer; "Specified Service" means the Service ordered by the Customer. WITNESSETH: WHEREAS, The Company provides web hosting services for web sites and desires to provide web hosting for a website for Client; WHEREAS, Client desires to have a web site hosted by Company; NOW, THEREFORE, in consideration of the mutual covenants, warranties, and representations herein contained and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company and Client agree as follows: Customers of Company agree to comply with the terms and conditions set forth below, and upon activation of customers account with Company, customer agrees to have reviewed the following terms and agree to be bound by the following terms. Company reserves the right to change these terms of service, and recommends all subscribers to frequently view this contract. This Agreement shall be construed and governed in all respects in accordance with the Law of England and Wales and the English Courts shall have exclusive jurisdiction in respect of any disputes arising hereunder. This agreement sets out the terms and conditions ("Terms and Conditions") applicable to members of the web hosting network operated by the Company. In order for a customer to be a member of our service, and as a condition for participation, must agree to the following Terms and Conditions. In the event a customer breaches or otherwise fails to comply with any provision of these Terms and Conditions then in addition to any other remedy available to the Company may terminate the participation of such websites and customers from network. Subject to any special conditions agreed between the Company and the Customer, these general Terms and Conditions shall apply and shall prevail over any other term of this Agreement. No variation or waiver or addition to this Agreement shall be binding on the Company, unless and until it is confirmed in writing by the Company. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CONTENT AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DISCLAIMS ANY IMPLIED WARRANTIES. THE COMPANY, ANY OF ITS EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES RESULTING IN USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY THE COMPANY, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF SERVICES. 1.0 Supply of Services 1.1 The Company may refuse to accept any customer or any website for participation in the Company hosting network as determined by the Company at its sole discretion. 1.2 The Company agrees to supply the Services to the Customer on the following conditions, though please note that these conditions are not an offer to provide service but merely a statement of the terms on which we would provide them. (a) the Company shall (subject to Clause 4.1) supply the Services to the Customer as soon as reasonably practicable and in any event no later than 30 days from the Commencement Date of the Agreement; (b) the Company shall inform the Customer of any delay in the delivery of the Services as soon as reasonably practicable; (c) the Company shall provide a full refund of the Charges (subject to Clause 4.1) to the Customer if it is unable to supply the Services within 30 days from and including the Commencement Date of the Agreement. 1.3 Warranty
2.0 Modification of Agreement 2.1 The Company reserves the right to change the Terms and Conditions at any time. It is the customer's responsibility to check these Terms and Conditions from time to time for such changes. In the event the The Company offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties. 3.0 Hold Harmless (a) 3.1 The customer agrees to indemnify and hold the Company and its affiliates, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, expenses, losses, damages and legal fees arising from any and all claims and lawsuits for libel, slander, copyright, and trademark violation as well as all other claims resulting from (i) the participation of the customer in the Company hosting network , (ii) operation of the customer's web site or any URL submitted to Company for participation in the Company or (iii) otherwise arising from customer's relationship with Company. The customer also agrees to indemnify Company for any legal fees incurred by Company, acting reasonably, in investigating or enforcing its rights under this agreement. 4.0 Account Termination 4.1 Company reserves the right to cancel an account at will at its sole discretion. Customer explicitly agrees that while Customer has an active contract with Company, Customer may not terminate its contract. Customer may cancel account once Customer's contract has lapsed by providing Company thirty (30) days' written notice of service termination. Without notice, Company will consider Customer to be on either a monthly, quarterly, semi-annually, annual or biennial contract extension depending on agreed terms. If Customer wishes to discontinue service when Customer's contract lapse, customer may provide this notice up to thirty (30) days prior to contract termination, given that the following provisions are met: 4.1.1 Account is in good standing, all payments have been made. 4.1.2 Account has not being host to content which is not allowed on Company hosting network or Servers. 4.1.3 Account has no pending warnings / complaints / abuse warnings on record. 4.1.4 Account holder completes the required form on Company's customer area of web site in order to terminate account in system. 5.0 Customer Obligations 5.1 The Customer Shall:- 5.1.1 Keep full security copies of the Customer's computer programs data base and computer records on a daily basis or more frequently if required by best computing practice. 5.1.2. Obtain the consent of individuals whose personal data are to be held on the register of the Naming Organisation and promptly notify the Company of any changes to the Customer's registered details including (but not limited to):- (a) name and address of the Customer; (b) name, postal address, e-mail address, telephone and fax number of the technical partner and administrative partner of the Customer's domain name(s) and in any event provide such information within 15 days of a request for such information from the Company. 5.1.3. Keep confidential all passwords received from the Company for the purpose of the Services and notify the Company immediately upon becoming aware that a password has become known to an unauthorised third party. 5.1.4. Only make use of the Services for a legitimate and lawful purpose. 5.1.5. Complete its own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services. 5.1.6. Ensure that the Customer's home page created from the Equipment supplied by the Company contains the full name and address of the Customer. 5.1.7. Ensure that it complies at all times with all relevant laws and obligations including but not limited to any licence under the Act which is applicable to the Customer and all related laws in any territory in which the Customer is situated or in which the Customer's Website may be accessed or made available. The Company will have no liability under this Agreement for failure to comply with its obligations in any case where the Customer does not comply with any such relevant laws or obligations or does not obtain such consents or approvals. 6.2 The Customer shall NOT:- 6.2.1 Send, transmit, make available, copy, retransmit, broadcast or publish (whether directly or indirectly) in whatever form any data, information or contractual rights, material or statement which infringes the Intellectual Property Rights or contractual or statutory rights of any person or legal entity or the laws or statutory regulations relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights and any equivalent or related laws in any territory in which they are or may be accessed or made available. 6.2.2 Make use of the Services to send or cause to be sent or forwarded electronic mail without the express or assumed agreement of the respective recipient. This shall include but not be limited to not sending large numbers of electronic mails with the same content which is commonly referred to as "spamming". 6.2.3 Host, or serve any material that contains threatening, unlawful, abusive, obscene, offensive, or otherwise material that Company finds inappropriate, will result in removal of services. 6.2.4 Arrange its home page(s) in a way that leads to a risk of or causes an excessive load on the server provided by the Company in connection with the Services. 6.2.5 Exceed the relevant data transfer volume applicable to the Specified Service unless the Customer has agreed with the Company to pay Additional Charges as may vary from time to time for the data transfer volume exceeding the agreed level in the Specified Service. 6.2.6 Use the Services in a manner which infringes a third party’s copyright or other intellectual property rights of whatsoever nature. 6.3 Without prejudice to any other rights of the Company arising from this Agreement or otherwise, the Customer will indemnify the Company against all claims, losses, liabilities, expenses, fines and penalties of whatsoever nature made, incurred or imposed as a result of a breach by the Customer of the terms of this clause. 6.4 As mentioned, the utilisation of Company services for unlawful activity is forbidden. In addition, upon activation of customers account, customer agrees to give Company the permission to disclose any, or all available information collected to law enforcement upon written request by enforcement agency. Information that may be disclosed includes, but it not limited to IP addresses, account history, and files stored on Company servers. 6.0 Agreement Activation 6.1 Customer agrees upon activation of Company services that Company rates were clearly visible, and have been communicated to the customer. Customer is also aware that rates may change from time to time, and in this case, customer will first be notified before any additional charges are posted on the customers account. 6.2 This agreement is active once the customer has submitted the information located at the Company Order Forms, and has been approved by Company. The duration of this agreement depends on the plan selected by the customer. All packages are to be prepaid and if the customer decides to cancel any services before they have utilised services that they have already submitted payment for, customer realises that a refund is subject to Company approval, or denial. 7.0 Cancellations and the "Risk Free" Money Back Guarantee in Detail - It is important that you read this section before submitting a cancellation form. ** Please note: by adding additional services, upgrading services, changing plans or making additional payments, Company will assume that you have already experienced the 14-day period (or have agreed that the SLA in your plan has been meet) and thus marks you ineligible for a refund of your initial hosting fees. ** 7.1 Company, as earlier mentioned provides an RISK-FREE Money Back Guarantee. This covers payments and pre-payments made within the 14 days after joining Company web hosting services. Our guarantee does not cover any and all setup fees incurred while signing up for Company services. In addition, prepayments for long-term web hosting packages will be pro-rated before refund is issued. In short, you will be refunded a pro-rated amount less any incurred setup, configuration or over usage costs. Closed web hosting accounts are not eligible for this money-back guarantee if terminated for violation of our Terms of Service or Acceptable Use Policy by Company -- regardless if the cancellation form was submitted. The rate quoted during sign up will be used to pro-rate refunds. All cancellation requests must be made via our cancellation request form found in the Customer Area of our web site. The money-back guarantee applies to situations of Company fault that result in you not being satisfied with Company services. All Company Hosting accounts, come with a setup cost which is non-refundable and one-time, unless otherwise stated. 7.2 Guarantee policy ONLY APPLIES if the customer has submitted at least one problem report, and if Company is unable to resolve the issues at hand. Otherwise, any cancellations will not include refund. UNLESS A PROBLEM WITH COMPANY SERVICE IS FOUND ALL PAYMENTS MADE TO COMPANY ARE NOT REFUNDABLE. 7.3 Refunds are only issued if the cancellation is within the allowed period. The allowed period is defined as: A 14 day period includes all weekends, holidays, business days, and day of purchase. Period begins on day of purchase and ends on the 14th day at 12:01 AM. 7.4 While Company does issue refunds on a regular basis when the above conditions are meet and the closed account is in good standing, Company must and does reserve the right to refuse refund at its sole discretion in order to protect itself against abuse of our generous guarantee policy. 7.5 Company will issue refunds only using the same method of payment that was made to Company. We do not issue cash refunds. 7.6 Accounts must be in financial good standing before they can be closed. You must not have any failed invoices or unpaid invoices on your account. Any invoices due within 72 hours before or after of submitting a cancellation form must be paid before the cancellation will be processed. 7.7 Time from cancellation to completed processing. Due to the process involved in closing an account, it may take up to 14 business days to close your account fully. Refund is the final step in the cancellation process, and will be issued once the remainder of the process is over. Due to our bank and general bank delays, once a refund is issued it will take up to 72 hours for it to be reflected on your bank statement. In certain cases, a cancellation may take longer than 14 business days to complete. And, while The Company will do everything in its power to complete your cancellation on time and issue any due refunds on time, the following are some reasons that cancellations may be delayed: * A delay in response to questions, or communication sent to you. 7.8 Domain Names - Please see section 8.0 for policies regarding refunds when a domain name was issued free of charge, or a free transfer was issued. 7.9 NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE. Clients are responsible for full payment on all accounts whether or not the account is or was ever utilised. If a client cancels without using the account outside of the guarantee period, there is no refund allowed. 7.10 Extended Guarantee Period - An extended guarantee may be given to a customer by a Company staff member with written approval of the management of Company. A note will be placed internally on your Company account. If the note does not exist then the extended guarantee period does not exist. 8.0 Registration of Domain Name(s) 8.1 The Company does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. The Company does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer. 8.2 Upon successful Registration the Company will host the Customer's domain name(s) for the Initial Registration Period and for such time as it remains validly registered to the Customer subject to such rules of the respective Naming Organisation as may be in force from time to time and which can be accessed through http://www.nic.uk/terms.html and http://www.icann.org . 8.3 The Customer acknowledges that any disputes arising out of the use of its domain name(s) requested by the Customer will be resolved for .uk domains in accordance with the Nominet UK Dispute Resolution Service which can be accessed http://www.nic.uk/ref/drs.html and for .com, .net and .org domains in accordance with the UDRP which can be accessed http://www.icann.org/udrp/udrp.htm which may impose restrictions on the termination or transfer of a domain name(s) with its current host during or pending the settlement of such a dispute. The Company agrees to act as mediator for the Customer. 8.4 The Company on occasion will register domain names free of charge for a customer as part of the service rendered. Free of charge domain names are property of the Company. At any time, the Customer may opt to transfer free of charge domain names into their name for which the company may charge an administrative fee. This is to cover the expense of registering the domain name for the customer. 9.0 Torturous Conduct 9.1 Any abuse towards any Company employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Company or utilising the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Company or its employees shall be considered a violation of this TOS.
10.0 Harm to Company Servers 10.1 Any attempt to undermine or cause harm to a server or customer of Company is strictly prohibited. 11.0 Acceptable Use of Services 11.1 Company will strongly react to any use or attempted use of an Internet account or computer without the owner's authorisation. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorised use of accounts or computers by a Company customer, whether or not the attacked account or computer belongs to Company, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation and civil or criminal legal action, depending on the seriousness of the attack. 11.2 Bandwidth Stealing -- Bandwidth Stealing is defined as using a temporary URL to access your website after the first 72 hours of your account, or using the temporary URL as a download link for large files. This type of traffic is not tracked by our software and thus is using unmetered bandwidth. This is against this Terms of Service agreement and will result in: a. First offence - suspended account and warning
Company will, at it's sole decision, decide if you are or are not stealing bandwidth. 11.3 CPU usage (or usage of the Central Processing Unit(s)) on the web server your account is hosted on is regulated as follows. Each account is allowed to use a reasonable amount of CPU power at any given time. Due to the nature of CPU and web hosting in general, we are unable to provide a specific percentage. However, we do enforce and require that all accounts only use a reasonable amount of CPU at any given time. If your account is found to affect other clients on the server, or if your account causes the web server to slow down for any reason, we may suspend your account. We will notify you of this suspension, depending on the circumstances it may be after the suspension has been performed. In this case, we may require that you either upgrade to a dedicated or semi-dedicated web hosting solution, or reduce the amount of load and traffic your web site receives. We may lock specific files or scripts if they are found to be overusing CPU on their own and notify you of this. Any attempt to hide, mask or disguise your usage will result in immediate termination without refund for TOS violation. 12.0 Adult Content 12.1 Any type of hate materials, adult materials (adult material is not necessary limited to pornography), racial materials, or unlawful practices are prohibited. Such sites will be removed, account terminated and funds NOT refunded as this is a violation of the TOS/AUP. 12.2 In the event that your site contains small amounts of adult content, Company may accept it for hosting. However, you are required to inform Company that you are hosting adult content. We require that all adult sites be in our database of sites to monitor for potential attacks. 13.0 SPAM, Junk Mail, UCE, Chat Rooms, Message Forums and Penalty for Actions 13.1 Commercial advertisements are NOT WELCOME in most discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such breach of this ethical policy. 13.2 Sending a message, especially an advertisement, to more than THREE recipients, is by itself UCE/SPAMMING unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Excepted are opt-in mailing lists where the recipients have explicitly requested to receive advertisements and have an opt-out option. Proof must be made that recipient has opted-in to receive advertisements and / or newsletters in case of complaint. Customers who are found to be sending UCE or SPAM to more than THREE e-mail address will be TERMINATED WITHOUT REFUND. TERMINATIONS WILL BE ACCOMPANIED BY A £80.00 PENALTY FOR SENDING UCE WITH OTHELLO'S NETWORK. This fee is NOT REFUNDABLE, and NOT NEGOTIABLE. Company reserves the first and final decision to assess who is sending UCE and SPAM and who is not. Customers found sending in excess of 150 UCE E-mails will be fined £250.00 PER MESSAGE in addition to the £80.00 PENALTY. This is also NOT REFUNDABLE and NOT NEGOTIABLE. 13.3 We do allow clients to install their own chat rooms however chat rooms are subject to utilisation policy, hence approval with the Company support team prior to utilising the chat software is strongly recommended. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Parachute chat rooms do not apply to this rule. They are perfectly fine to install. 14.0 Service Guarantees 14.1 Company price lock guarantee and feature lock guarantee: Company will not raise prices without permission nor will Company downgrade features for customers. What you sign up with is what you will continue Company service with for your entire contract duration. In certain occasions, Company MAY grant additional services for current customers during package changes. 15.0 Optional Services 15.1 Optional Company Services can also be purchased. These services, including but not limited to: Migration Services, Spam & Virus Protection and other services offered are offered WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. OTHELLO TECHNOLOGY SYSTEMS LIMITED. ADDITIONAL SERVICES, ADDED FEATURES AND VALUE ADDED SERVICES/FEATURES CONTENT AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. OTHELLO TECHNOLOGY SYSTEMS LTD DISCLAIMS ANY IMPLIED WARRANTIES. OTHELLO TECHNOLOGY SYSTEMS LTD, ANY OF ITS EMPLOYEES, AGENTS, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES RESULTING IN USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY OTHELLO TECHNOLOGY SYSTEMS LTD, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF SERVICES. 16.0 Background Operations/Programs on Servers 16.1 We may allow programs to run continually in the background. These are called cron jobs and are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed, if applicable. In most cases Company prefers not to impose any extra charges on the customers. 17.0 Refusal of Services 17.1 Company. reserves the right to refuse service to anyone. Customers may only use Company servers for lawful purposes. Transmission of any material in violation of any local or international law is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets. Company expressly forbids anyone from using Company servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, adult material, or any other material which we deem to be objectionable, including, but not limited to, again - adult materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Company. management. 18.0 Payment, Charge backs and Returned Cheques 18.1 Upon customer account activation, customer agrees to pay on either a monthly, quarterly, semi-annually, annual or biennial basis. Company gives customer 72 hours over payment deadline, and if the payment has not been received customer account will be suspended. Upon re-activation of customer account, Company will charge a £15.00 re-instate fee to the customer. Customer understands that Company will exercise the Company statutory right to claim interest and compensation for debt recovery costs under the late payment legislation. As in accordance with The Late Payment of Commercial Debts (Interest) Act 1998, interest will be calculated at 8% p.a. above the Bank of England Base Rate plus a £40 compensation fee (for debts under £1,000). Interest and compensation will not be incurred if the debt is settled in full, within 30 days of the invoice date. 18.2 Company does not allow charge backs to occur. It is not recommended to initiate a charge back hence customer agreed to AUP (this document) and Terms & Conditions as outlined in this document and Company will use this document and customer's agreement at the time of order to wholeheartedly fight a charge back and / or dispute. If customer supplied a valid reason for refund, Company will gladly apply a refund ONLY if requirements as specified above are met. Any dispute / charge back attempts will immediately result in suspension of web hosting account and another charge applied to the customer credit card under the same order / authorisation number. Company reserves the right to re-charge customer credit card anytime in event of a dispute and / or charge back process. Company provides the following policy with regards to returned cheques and credit card chargebacks: * Any customer who provides a credit card charge back in response to a bill and or order placed at Company will be subject to collections and legal action. Charge backs are NEVER acceptable means of attaining a refund. Further, by ordering an account with Company you are bound by these terms and conditions and must follow and agree to them. The following fees will be assessed for all chargebacks: £25.00 charge back processing fee
If collections action is required, a 29.9% collections fee will be assessed as well for the total amount. * All returned cheques will be sent to collections, plus £50.00 returned cheque cost and 29.9% collections on the total amount due. 19.0 Customer Service Surveys 19.1 Service Surveys may be issued. Please be warned, any response to surveys may result in use of your comments/question answers in promotional materials such as our testimonials web page or rotating testimonials. We may also gather aggregated figures and post them. BY CHOOSING TO FILL OUT A SURVEY, YOU CONSENT TO OUR USE OF SAID MATERIAL. Company will read and respond to many surveys. By completing a survey, you consent to us contacting you regarding your experience. 20.0 Service Denial 20.1 Company may temporarily, or indefinitely deny service of terminate this agreement upon failure to collect payment from customer. Such termination with no payment will result in customer being indebted to Company, and customer will be responsible for reasonable interest and collection fees. 21.0 Warranties and representations 21.1 Company makes no warranties or representations for the services being offered. Company provides hosting services on an "as is" and "as available" basis with no warranties for the services provided to customer. Company provides no warranty for connection issues, or uninterrupted service customers may incur while hosting with Company. 22.0 Miscellaneous Headings 22.0.1 a. This Agreement contains the entire understanding between the parties hereto with respect to the transaction contemplated hereby, and it may not be amended, modified, or altered except by an instrument in writing signed by the party to be charged. 22.0.2 b. This Agreement shall be construed and governed in all respects in accordance with the Law of England and Wales and the English Courts shall have exclusive jurisdiction in respect of any disputes arising hereunder. 22.0.3 c. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 22.0.4 d. The captions and headings contained herein are inserted for convenient reference only, are not a part hereof, and the same shall not limit or construe the provision to which they apply. The Exhibits hereto are hereby incorporated herein by this reference and made a part hereof. 22.0.5 e. This Agreement may be executed in counterparts, each of which shall be deemed an original. 22.0.6.f. Press & News Releases * Forward Looking Statements: Any statements in this website that are not historical facts are forward-looking statements that involve risks and uncertainties; actual results may differ from the forward-looking statements. Sentences or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential" and others indicate forward-looking statements, but their absence does not mean that a statement is not forward-looking. The Company undertakes no obligation to publicly release the results of any revisions to these forward-looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events. 23.0 Limitation of Liability 23.1 Customer agrees that no Company Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Company at the time) which may exist in the Services or Company's equipment used to provide the Services. Under no circumstances, including negligence, shall any Company Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Company has been advised of the possibility of such damages. No Company Person shall be liable to Customer, any of its customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorised access to Company's records, programs, equipment or services. Notwithstanding anything to the contrary in this Agreement, Company's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual pound amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. Customer understands, acknowledges and agrees that if Company takes any corrective action under this Agreement because of an action of Customer or one if its customer or a Reseller Customer, that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that Company shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Company. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement. 25.0 Customer Website; E-commerce; Customer Warranties/Guarantees 25.1 Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation (i) the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, (ii) ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. 25.2 Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its web site or online store. 25.3 Customer represents and warrants to Company that Customer owns or has the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Customer grants Company the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services. 26.0 Force Majeure 26.1 Company. shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services. 27.0 Verification of Agreement & Ratification 27.1 By activating your account, you understand that by placing files on Company servers, you are openly offering your files to the public, and that Company has no way of limiting this access, and do not warrant the protection of your files. It is your sole responsibility to upload files to your allocated space with discretion, and we strongly recommend that you not upload any personal files or information that you would not publicly post on your website(s). 27.2 Completing order form shall constitute electronic signature of this document. Document is agreed upon by Company. 28.0 Assignment 28.1 Customer shall not have the right to assign this Agreement without the prior written consent of Company. This Agreement shall be binding upon and inure to the benefit of Customer and Company and their successors and permitted assigns. 29.0 Entire Agreement; Severability of Agreement 29.1 This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. 29.2 Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organised, validly existing and in good standing under the laws of the sate of its organisation and the person acting on behalf of Customer is duly authorised to accept, execute and deliver this Agreement on behalf of Customer. 30.0 Important Information for Placing Orders The following information is provided to Customers in compliance with EU Directive
30.1 The following are the steps to be taken by the Customer to place an order using the Company’s site. Orders may only be placed in English. Orders will be acknowledged via email within 24 hours from placing the order. - Select the desired hosting package - Enter address details or, if existing customer account number/domain name and password - Miscellaneous: enter password, where did you here about us - Finalise/Confirm order -> review everything / enter credit card data 30.2 Once an order has been placed it will be filed by the Company and will be accessible to the Customer. 30.3 This site is owned and operated by Othello Technology Systems Ltd. 30.4 The Customer may contact the Company by calling 0871 277 6875, by fax to 0871 277 6875, by support ticket at www.hostassist.co.uk or by writing to us at our registered office. |