TOS WEB4 server

These terms of business apply to standard hosting plans, reseller hosting plans and domain name registration services. They do not apply to dedicated server products which are subject to specific terms of business which can be supplied on request. All prices are shown as exclusive of VAT if ordered within the EC VAT Area, international orders outside the EC are not required to pay VAT so in this case you would use the exclusive price as shown, Otherwise VAT at 20% should be added to the shown price not the exclusive price. Throughout these terms and conditions whenever ‘Artic Networks’ is used, it is referring to ‘Artic Networks’ who is a trading name of South UK Internet Ltd Where the context admits: “We” & “Us” it is referring to Artic Networks of: 26 Coniston Road, Bordon, Hampshire, GU35 0NP, United Kingdom or any party acting on Artic Networks’ implicit instructions. “You” includes the person purchasing the Services or any party acting on the customer’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” the relevant domain names Registry. “Server” means the computer server equipment operated by us in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet. The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us. 1. Domain Name Registration 1.1. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk. 1.2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them. 1.2.1. By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions published at http://www.nominet.org.uk. 1.3. You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority. 1.4. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name. 1.5. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute. 1.6. We shall not release any domain to another provider unless full payment for that domain has been received by us. 3. Web Site Hosting and Email 3.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. 3.2. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes and to promptly inform us if this clause or any sub clause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us. 3.2.1. you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so. 3.2.2. you will not upload, post, link to or transmit: 3.2.2.1. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way, or download sites. 3.2.2.2. any material containing a virus or other hostile computer program. 3.2.2.3. any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. 3.2.2.4. any material which is forbidden by our acceptable use policy 3.2.3. you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email. 3.2.4. you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory or nic port. 3.2.5. any file you store on the Server will be reachable via a hyperlink from a page on your site. Download sites are not permitted unless authorized in writing by South UK Internet Ltd. 3.3. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you or when there is an abuse complaint against your site without providing a backup. 3.3.1 Where your account is the subject of a hack we can remove the hack content from your site without notice, if we suspended your account due to a hack we can remove your account after 5 days have past. 3.3.2 Where a site contains no domain for hosting we can remove the site as it is clearly not being used after 7 days of it being detected by our automated systems. 3.4. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including but not limited to loss, theft or unauthorized disclosure of your password or other security information. 3.5. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers. 3.6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner. 3.7. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years. 3.8. Any access to other networks connected to Artic Networks must comply with the rules appropriate for those other networks. 3.9. While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email. 3.10. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time. 4. Resellers 4.1. If you are or become a reseller of our Services you will continue to be bound by these terms and conditions, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these. 4.2. You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us. 4.3. No default by your customers shall in any way affect, modify or limit your obligations under this Agreement. 4.4. We authorize you to sell our services under your own brand for the direct use of your clients only. You may not permit your clients to resell the services you provide. 4.5. There is no maximum number of reseller accounts that may be held by any single customer at any single time 4A Shout cast, if your reseller account is enabled for either or both of these services, you are limited to the number of connection’s to the server that are permitted, you agree not to run a server unless it is in use, where we detect a server that is not in use we can stop the service to the server without notice. Each server uses memory & CPU you are limited to not exceed 25% CPU use and Memory at any time should your use be excessive we can delete the server without notice. IP Addresses should you be found using IP addresses that you’re not authorized to use we will either change the IP address where we can or delete your server. In Active servers are removed from the main server should they be inactive for more than 5 days. You are also required to hold active licenses in which you can broadcast your radio stream. 4B Shout cast Bandwidth (Resellers) we limit this to the amount set in the package plan of the reseller account then overage charges will be applied. 4C Backup’s, we offer a backup service should you not be subscribed to this South UK Internet will not hold backups of your site, we enable the option to provide you with backup’s through the control panels offered. The backup service runs weekly the last backup of your site will the only backup held, you should still continue to back up your own sites. We are never responsible for any loss of data; it is always your responsibility to take backups on an offline system. 4D Minecraft Servers, if you suffer any form of DDoS attack, we reserve the right to terminate your services immediately so long as you are informed of this happening. 5. Service Availability 5.1. We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server. 6. Payment 6.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted and shall be due and payable in advance of provision of the Services. 6.2. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment. 6.3. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given in accordance with 7.4. If you choose to pay by credit or debit card, you authorize Artic Networks t/a South UK Internet Ltd to debit your account renewal fees from your card where this option is made to the customer. 6.4. All payments must be in UK Pounds Sterling, USD or Euro as you order on the website at point of order you have the option to change this at that point only. 6.5. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25. 6.6. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled but not obliged forthwith to suspend the provision of Services to you. 7. Termination and Refunds 7.1. We shall be entitled to suspend the Services and/or terminate this Agreement forth without notice to you If you: 7.1.1. fail to pay any sums due to us as they fall due. 7.1.2. break any of these terms and conditions. 7.1.3. are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors. 7.2. No refunds will be made under any circumstances for Services suspended in accordance with 7.1. 7.3. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the remaining period of prepayment. 7.4. You may cancel the Services at any time giving 28 days’ notice before your next payment is due. To do so you must request cancellation of the Services using our online control system where you can request this within the client area we will send you a receipt of your request. 7.5. During the first 7 days of Services, you are entitled to a refund of the basic hosting plan rental fee should You decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 7 days of service should You decide to cancel the Services, if you have had an account or service with us before you will not be entitled to any refund.. 7.5.1. Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances. 7.5.1.a Where a package offers an inclusive domain or ssl certificate these items if activated become chargeable items at our standard retail prices, the costs are then deducted from your total fee, you are not eligible for a refund on SSL certificates, domains or dedicated servers. 7.5.2. You will not be entitled to a refund on this basis if you have previously held an account with South UK Internet Limited. 7.6. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card. 7.7. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server or any other devices. 7.8 Should your account be past due we will be entitled to pass your account on to a debt collection agency your use of the service or ordering a service constitutes your agreement to this at your expense. 7.8.1 Debt Collection agency we will assign a debt collection agency to recover all sum’s owed at our choice. If a client is on a low income and can prove this, we will enter a payment plan with the client. 7.8.2 We will charge the client £25.00 for each letter that is sent by debt collection procedure. 7.8.3 Cancellation once an invoice is past its due date the client is responsible to pay the current due invoice before cancellation of the service will be authorized. 7.8.4 The customer is in a contract with Artic Networks for the time they have remaining on their account as invoiced unless cancelled using the client area manage services and we have approved the cancellation the service is not cancelled until South UK Internet Limited has confirmed this by email. 7.8.5 Cancellation can only be processed through the client area in our support desk or by a signed letter stating the client’s full username, server ID and client number. A letter is defined arriving through royal mail. We will not accept telephone calls, emails or support tickets stating such, should a client do this they will be informed to follow the correct method of using the client area or putting their request in writing. Moving your services away or nonpayment is not a valid form of cancellation. 7.8.6 All cancellations require 28 days’ notice from the point of cancellation and all due invoices must be paid up to that date. And must follow the conditions set out in this agreement. 7.8.7 PayPal disputes this will result in service suspension at all times you should really open a ticket with the billing department which is open Monday – Friday during office hours only failure to observe this rule will be shared with PayPal as under our terms of you having to agree to this an admin fee maybe charged if you open a claim against us. 8. Indemnity 8.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this Agreement. 9. Limitation of Liability 9.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK law, subject always to sub clause 9.2. 9.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence. 9.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim. 9.4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising. 9.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. 9.6 Backups are an add-on service which is not included by standard using our services you take the service at risk unless you subscribe to such a service, not backing up your own website to your local device is your responsibility from time to time we may hold a backup where we do so we reserve the right to charge you for this to be restored. 10. Notices 10.1. Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting. 11. Non-Waiver 11.1 Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves. 12. Law 12.1. This Agreement shall be governed by and construed in accordance within English law and you hereby submit to the exclusive jurisdiction of the English courts. 13. Headings 13.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement. 14. Entire Agreement 14.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. 15. Customer email addresses 15.1 You accept that any email address given to us by you, you have the right to use and send / receive emails from, giving a false email address may result in the termination of your account. 16.0 Order Verification, we can on our option ask any customer to provide a copy of their passport at any time to verify their identity we do this to prevent fraud orders and the information is held on file on our offline secure system. 16.0.1 Telephone Verification we at any time can carry out a verification to verify a customer’s details this is normally used in combination to an identity verification. 16.0.2 Refusal of service we reserve this right at any stage. We do not have to host a person’s content if we decide not to, this option is purely down to management. 17. Updates to this agreement 17.1 Artic Networks may update this agreement at any time, the customer is advised to check the agreement on a regular basis to ensure the current agreement.