Web Hosting and Internet Services Terms and Conditions

Transcription

1 Web Hsting and Internet Services Terms and Cnditins Server Use blue spark Ltd ( blue spark ) prvide Wrld Wide Web hsting and services thrugh selected third party suppliers. blue spark reserve the right t suspend r cancel a custmer's access t any r all services prvided by blue spark if blue spark r its suppliers decide that the accunt has been inapprpriately used r therwise. Blue spark d nt allw any f the fllwing cntent t be stred n its servers: Illegal Material - This includes cpyrighted wrks, cmmercial audi, vide, r music files, and any material in vilatin f any UK legislatin. Adult Material - Includes all prngraphy, ertic images, r therwise lewd r bscene cntent. The designatin f "adult material" is left entirely t the discretin f blue spark r its suppliers. Warez - Includes pirated sftware, ROMS, emulatrs, phreaking, hacking, passwrd cracking, IP spfing, etc., and encrypting f any f the abve. Als includes any sites which prvide "links t" r "hw t" infrmatin abut such material. Reselling f Services All accunts are t be used by the primary wner nly, and d nt allw the hlders t resell, stre r give away web-hsting services f their website t ther parties. Web hsting services are defined as allwing a separate, third party t hst cntent n the wner's web site. Sftware Licence and Rights If the Custmer requires use f sftware wned by r licensed t blue spark r its suppliers in rder t use the Services, blue spark grants t the Custmer and its emplyees, agents and third party cnsultants and cntractrs, a ryalty-free, wrld-wide, nn-transferable, nn-exclusive licence t use such sftware in bject cde frm nly, in accrdance with the terms f this Agreement. Fr the avidance f dubt, this Agreement des nt transfer r grant t the Custmer any right, title, interest r intellectual prperty rights in the sftware. In relatin t blue spark r its suppliers bligatins under this Agreement in cnnectin with the prvisin f the Services, the Custmer grants t blue spark and its suppliers a ryalty-free, wrld-wide, nn-exclusive licence t use the Custmer Sftware and all text, graphics, lgs, phtgraphs, images, mving images, sund, illustratins and ther material and related dcumentatin featured, displayed r used in r in relatin t the Website ("the Cntent"). Fr the avidance f dubt, this Agreement des nt transfer r grant t blue spark and its suppliers any right, title, interest r intellectual prperty rights in the Custmer Sftware r the Cntent. The Custmer undertakes that they will nt themselves r thrugh any third party, sell, lease, license r sublicense any sftware prvided by r thrugh blue spark. Service Levels and Backup blue spark and its suppliers shall use its reasnable endeavurs t make the server and the Services available t the Custmer 99.99% f each calendar mnth but because the Services are prvided by means f cmputer and telecmmunicatins systems, blue spark and its suppliers makes n warranties r representatins that the Service will be uninterrupted r errr-free and blue spark and its suppliers shall nt, in any event, be liable fr interruptins f Service r dwntime f the server. blue spark and its suppliers carries ut data backups fr use in the event f systems failure, hwever we d nt prvide data restratin facilities fr individual custmers. Even thugh every effrt is made t ensure data is backed up crrectly blue spark and its suppliers accept n respnsibility fr data lss r crruptin. It is yur respnsibility t maintain apprpriate and up-t-date back-up cpies f any data, infrmatin r ther material yu uplad (r permit t be upladed) nt ur servers ( Material ) as part f yur use f the Hsting Services. Please nte we may require suspensin f sme f ur services fr shrt scheduled perids t carry ut maintenance r repair t ur services. Nvember 2006

2 Acceptable Use Plicy The Website and use f the Services may be used fr lawful purpses nly and the Custmer may nt submit, publish r display any cntent that breaches any law, statute r regulatin. In particular the Custmer agrees nt t: use the Services r the Website in any way t send unslicited cmmercial r "spam", r any similar abuse f the Services; send r any type f electrnic message with the intentin r result f affecting the perfrmance f any cmputer facilities; publish, pst, distribute r disseminate defamatry, bscene, indecent r ther unlawful material r infrmatin, r any material r infrmatin which infringes any intellectual prperty rights (fr the avidance f dubt this includes licensed sftware distributed as Warez), via the Services r n the Website; threaten, abuse, disrupt r therwise vilate the rights (including rights f privacy and publicity) f thers; engage in illegal r unlawful activities thrugh the Services r via the Website; make available r uplad files t the Website r t the Services that the Custmer knws cntain a virus, wrm, trjan r crrupt data; r btain r attempt t btain access, thrugh whatever means, t areas f the netwrk r the Services which are identified as restricted r cnfidential perate r attempt t perate IRC bts r ther permanent server prcesses. The Custmer has full respnsibility fr the cntent f the Website. Fr the avidance f dubt, Blue Spark r its suppliers is nt bliged t mnitr, and will have n liability fr, the cntent f any cmmunicatins transmitted by virtue f the Services. Blue Spark r its suppliers are permitted t investigate and review any resurce, traffic r activity n the service. If the Custmer fails t cmply with the Acceptable Use Plicy blue spark and its suppliers shall be entitled t withdraw the Services and terminate the Custmer's accunt withut ntice. Use plicy The Hsting Service package yu rder includes the per calendar mnth bandwidth allwance applicable t that hsting package as set ut n ur website at the time f yur rder. The Hsting Service yu have rdered will (at ur sle descretin) be autmatically suspended if this mnthly bandwidth allwance is exceeded. If this happens, yu will need t upgrade yur Hsting Service package t ne which includes a higher mnthly bandwidth allwance, r wait fr the Hsting Service t resume at the start f the fllwing calendar mnth. High resurce use plicy Resurces are defined as bandwidth, prcessr utilizatin r disk space. Unless the Hsting Service package yu rder includes a dedicated server, yu will nly be allwed t use a maximum f five (5) per cent f a server s prcessing capacity when using the Hsting Service package yu rder. At ur abslute discretin, we may allw yur usage t exceed this limitatin, and we will speak t yu abut yur hsting requirements if yur usage has, r may have, a detrimental effect n ur ther custmers. Web space is prvided fr genuine web site cntent, and cntent must be linked int web pages. Custmers are prhibited frm using the server as a file/backup repsitry. Custmers are expected t emply gd huse keeping when maintaining their accunt. The Hsting Service package yu rder includes the number f mailbxes applicable t that hsting package as this is set ut n ur website at the time f yur rder. Hwever, any mailbxes that have nt been accessed fr ne hundred (100) clear days will be autmatically deleted frm ur system. We shall be entitled t terminate the Cntract, r suspend r terminate the prvisin f any individual Services, if yu are in breach f ur acceptable use plicy Nvember 2006

3 Dmain Names Where the Cntract includes ur Dmain Registratin and Renewal Service we will endeavur t prcure the registratin f the dmain name yu request. We will nt be liable in the event that the relevant dmain name registry refuses t register the dmain name yu request, r subsequently suspends r revkes any registratin fr that dmain name. The registratin f the dmain name yu request and its nging use is subject t the relevant dmain name registry s terms and cnditins f use which yu shuld btain and cnsider. Yu are respnsible fr ensuring that yu are aware f the terms applicable t a dmain s that yu can cmply with them. The dmain name yu request will nly have been successfully registered when yu appear as the registrant n the apprpriate whis database f the tp level dmain name registrar. We shall have the abslute discretin t require yu t select a replacement dmain name t the ne yu have requested t be registered, and may suspend r terminate ur perfrmance f the Dmain Registratin and Renewal Service, if, in ur pinin, there are reasnable grunds fr us t believe that yur current chice f name is, may r is likely t be in bad faith, breach f the prvisins f these terms and cnditins r any legal r regulatry requirement. Yu cnfirm and warrant that yu are the wner f any trade mark in any dmain name (r have the authrity f the wner f any trade mark t use such name) that yu have requested be registered. Yu cnfirm and warrant that yu are the legal wner f any dmain name (r have the authrity f the legal wner t use such dmain name) supplied by yu, r therwise authrised by yu, fr use as a dmain name in cnnectin with any website in relatin t which the Hsting Service supplied t yu is used. Once the dmain name has been successfully registered, it will need t be renewed peridically t ensure yu retain yur registratin f it. Any registratin, verificatin, renewal r suspensin ntices will be sent t the address registered against yur accunt. It is yu, the registrant, that must ensure yu maintain valid cntact infrmatin, respnd t any verificatin requests by the registry administratr and advise us f any changes t infrmatin. Failure t update r respnd t verificatin requests by the registry administratr will result in dmain suspensin and eventual deletin. We will nt be liable in such circumstances and there will be n refund f any amunts paid. Payment plicies All accunts are set up n a prepay basis. Althugh we reserve the right t change prices f accunts r services at any time, all pricing is guaranteed fr the perid f prepayment. Payment is due every 30 r 365 days, fllwing the date the accunt was established. Custmers will autmatically be charged again at the end f their prepay perid unless clsure ntificatin has already been given. In the event that any payment is nt made, blue spark reserves the right t suspend all services until the utstanding debt is cleared. The custmer is respnsible fr all mney wed n the accunt frm the time it was established t the time that the custmer sends a written cancellatin request. All payment is in UK sterling. Cancellatin and refunds Blue spark reserves the right t cancel the service at any time. In this event custmers will be entitled t a pr rata refund based upn the remaining perid f membership. If a custmer cntravenes blue spark s terms f service a refund will nt be issued in the event f a cancellatin. Custmers may cancel their accunt at any time. Fees charged n a prepay basis are nn-refundable. In additin sme accunts incur set-up fees, these charges are als nn-refundable. Nvember 2006

4 Indemnificatin Custmer agrees that it shall defend, indemnify, save and hld blue spark and/r its suppliers harmless frm any and all demands, liabilities, lsses, csts and claims, including reasnable attrney's fees asserted against blue spark and/r its suppliers, its agents, its custmers, fficers and emplyees, that may arise r result frm any service prvided r perfrmed r agreed t be perfrmed r any prduct sld by custmer, its agents, emplyees r assigns. Custmer agrees t defend, indemnify and hld harmless blue spark and/r its suppliers against liabilities arising ut f; (1) any injury t persn r prperty caused by any prducts sld r therwise distributed in cnnectin with any server; (2) any material supplied by custmer infringing r allegedly infringing n the prprietary rights f a third party; (3) cpyright infringement and (4) any defective prducts sld t custmer frm any server. Limitatin f Liability Nthing in these terms and cnditins shall exclude r limit blue spark and/r its suppliers liability fr death r persnal injury resulting frm its negligence r that f its emplyees, agents r sub-cntractrs. Our maximum aggregate liability under r in cnnectin with the perfrmance r cntemplated perfrmance f the Cntract, whether in cntract, trt (including negligence) r therwise, shall in n circumstances exceed ne hundred and ten (110) per cent f the price yu have paid t us fr the Services during the twelve (12) mnths preceding the event giving rise t the liability in questin. Accrdingly, yu are advised t acquire business interruptin insurance, r ther apprpriate insurance, t prtect yu and yur business in the event f interruptin f the Services (in particular the Hsting Service). In n event shall blue spark and/r its suppliers be liable t the Custmer fr any lss f business, lss f pprtunity r lss f prfits r fr any ther indirect r cnsequential lss r damage whatsever. This shall apply even where such a lss was reasnably freseeable r blue spark had been made aware f the pssibility f the Custmer incurring such a lss. blue spark and/r its suppliers makes n warranties f any kind, expressed r implied fr services we prvide. blue spark and/r its suppliers disclaim any warranty r merchantability r fitness fr a particular purpse. This includes lss f data resulting frm delays, nndeliveries, wrng delivery, and any and all service interruptins caused by blue spark and/r its suppliers and its emplyees. blue spark and/r its suppliers reserves the right t revise its plicies at any time. Severance If any prvisin f this Agreement is held invalid, illegal r unenfrceable fr any reasn by any Curt f cmpetent jurisdictin such prvisin shall be severed and the remainder f the prvisins heref shall cntinue in full frce and effect as if this Agreement had been agreed with the invalid illegal r unenfrceable prvisin eliminated. Ntices Any ntice t be given by either party t the ther may be sent by either r recrded delivery t the address f the ther party as appearing in this Agreement r such ther address as such party may frm time t time have cmmunicated t the ther in writing, and if sent by shall unless the cntrary is prved be deemed t be received n the day it was sent r if sent by recrded delivery shall be deemed t be served 2 days fllwing the date f psting. Deletin f yur data If yu cancel yur Services, any data we hld r hst in relatin t the Services yu have cancelled may be immediately and permanently deleted frm ur system. Accrdingly, yu are strngly advised t make apprpriate cpies f such data befre yu cancel yur Services. Third party rights and transfer f rights and bligatins Neither yu nr we intend that any term f the Cntract will be enfrceable by virtue f the Cntracts (Rights f Third Parties) Act 1999 by any persn that is nt a party t it. The Cntract is binding n yu and us and n ur respective successrs and assigns. Yu may nt transfer, assign, charge r therwise dispse f the Cntract, r any f yur rights r bligatins arising under it, withut ur prir written cnsent. We may transfer, assign, charge, sub-cntract r therwise dispse f the Cntract, r any f ur rights r bligatins arising under it, at any time during the term f the Cntract. Nvember 2006

5 Events utside ur cntrl We will nt be liable r respnsible fr any failure t perfrm, r delay in perfrmance f, any f ur bligatins under the Cntract that is caused by events utside ur reasnable cntrl ( Frce Majeure Event ). A Frce Majeure Event includes any act, event, nn-happening, missin r accident beynd ur reasnable cntrl and includes in particular (withut limitatin) the fllwing: misuse, alteratin r interference by yu r any third party f ur servers r systems (including virus and hacker attacks); strikes, lck-uts r ther industrial actin; civil cmmtin, rit, invasin, terrrist attack r threat f terrrist attack, war (whether declared r nt) r threat r preparatin fr war; fire, explsin, strm, fld, earthquake, subsidence, epidemic r ther natural disaster; impssibility f the use f public r private telecmmunicatins netwrks; and the acts, decrees, legislatin, regulatins r restrictins f any gvernment. Our perfrmance under the Cntract will be deemed t be suspended fr the perid that the Frce Majeure Event cntinues, and we will have an extensin f time fr perfrmance fr the duratin f that perid. We will use ur reasnable endeavurs t bring the Frce Majeure Event t a clse r t find a slutin by which ur bligatins under the Cntract may be perfrmed despite the Frce Majeure Event. Entire Agreement This Agreement cntains the entire Agreement between the parties relating t the subject matter and supersedes any previus agreements, arrangements, undertakings r prpsals, ral r written. This Agreement may be updated withut ntice. Gverning Law and Jurisdictin This Agreement shall be gverned by and cnstrued in accrdance with the law f England and the parties hereby submit t the exclusive jurisdictin f the English curts. Please nte: by signing up fr any f ur services yu agree t be bund by all ur terms and cnditins. blue spark limited Registered in England & Wales Cmpany number Registered Office: 2 East Pint, High Street, Seal, Sevenaks Kent TN15 0EG Nvember 2006