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Hosting
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Johnny Brown, the new hardman of
English football seen here at the launch of the
new FIFA official football says,
"YOU... if you need hosting then you need
NawtNet." |
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Terms
and Conditions
You indicate acceptance of these terms
and conditions of service by placing an order with nawtNet
Limited. These terms and conditions will not be varied for
individual customers.
1 DEFINITIONS
1.1 In this Agreement the following words
and expressions shall have the following meanings:
1.1.1 "downtime" means
any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual
property rights" means patents, trade marks, design rights, applications
for any of the foregoing, copyright, topography rights, database rights,
rights in know-how, trade or business names and other similar rights or
obligations, whether registrable or not in any country;
1.1.3 "nawtNet Limited" means nawtNet Ltd
1.1.4 "IP address" stands for internet protocol address which is the numeric
address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means
the computer server equipment operated by nawtNet Limited in connection with the
provision of the Services;
1.1.7 "the Services" means web hosting, domain name
registration, email and any other services or facilities provided by nawtNet Limited.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means
a computer programme that copies itself or is copied to other storage media,
including without limitation magnetic tape cassettes, memory chips, electronic
cartridges, optical discs and magnetic discs, and destroys, alters or corrupts
data, causes damage to the user's files or creates a nuisance or annoyance to
the user and includes without limitation computer programs commonly referred
to as "worms" or "trojan horses";
1.1.10 "visitor" means a third party who has
accessed the Website;
1.2 Product specifications and details may be found at
URL.
1.3 Words denoting the singular shall include the plural and vice versa
and words denoting any gender shall include all genders.
1.4 The headings of
the paragraphs of this Agreement are inserted for convenience of reference only
and are not intended to be part of or to affect the meaning or interpretation
of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide nawtNet Limited
with data that will be hosted on nawtNet Limited's servers and made accessible via
the Internet.
2.2 nawtNet Limited provides web hosting services and has agreed to
host the Customer's data upon the following terms and conditions.
3 DUTIES
3.1
nawtNet Limited shall provide to the Customer the Services specified in their order
subject to the following terms and conditions.
3.2 The Customer shall deliver
to nawtNet Limited the website and the software used in the website which is owned
by the Customer, or licensed to him by a third party or nawtNet Limited ("the Customer
Software), in a format specified by nawtNet Limited.
4 CHARGES ,PAYMENT AND MONEY-BACK
GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and
Visa), debit cards (including Switch/Maestro) and direct debits
4.2 nawtNet Limited
do not accept cheques, bank transfers, postal orders, cash or any other form
of payment other than those outlined in 4.1
4.3 The Charges are exclusive of
VAT, which if payable shall be paid by the Customer.
4.4 nawtNet Limited shall be
entitled to charge interest in respect of late payment of any sum due under
this Agreement, which shall accrue from the date when payment becomes due from
day to day until the date of payment at a rate of 8% per annum above the base
rate of the Bank of England from time to time in force.
4.5 nawtNet Limited do not
provide credit facilities.
4.6 From time to time nawtNet Limited may make enquiries
on the Customers company, proprietor or directors of the Customers company with
credit reference agencies. These agencies may record that a search has been
made and share this information with other businesses.
4.7 nawtNet Limited provide "Money-Back
Guarantees" on certain products. Should your product qualify for this guarantee
please raise a support ticket at URL within 30 days of placing your order for
a full refund. This guarantee excludes domain names which may not be cancelled
once ordered. Customers are limited to using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled
before then end of the year.
4.9 Should your chosen payment method fail nawtNet Limited
will attempt to settle your invoice using any other payment facilities available
on your account.
4.10 All services will renew until cancelled by the customer.
nawtNet Limited emails the customers primary email address prior to renewal of services,
it is the customers responsibility to cancel services prior to renewal as no
refund can be made once renewal has occurred. Customers must notify us at least
72 hours before a service is renewed if they wish to cancel that service. The
cancellation process must be fully completed by you before your account is cancelled.
5 IP ADDRESSES
5.1 nawtNet Limited shall maintain control and ownership of the IP
address that is assigned to the Customer as part of the Services and reserves
the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where nawtNet Limited changes or removes any IP address it shall use its reasonable
endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to nawtNet Limited
("nawtNet Limited's software") in order to use the Services, nawtNet Limited grants
to the Customer and its employees, agents and third party consultants and contractors,
a royalty-free, world-wide, non-transferable, non-exclusive licence to use nawtNet Limited
Software in object code form only, in accordance with the terms of this Agreement.
For the avoidance of doubt, this Agreement does not transfer or grant to the
Customer any right, title, interest or intellectual property rights in nawtNet Limited
Software.
6.2 In relation to nawtNet Limited's obligations under this Agreement
in connection with the provision of the Services, the Customer grants to nawtNet Limited
a royalty-free, world-wide, non-exclusive licence to use the Customer Software
and all text, graphics, logos, photographs, images, moving images, sound, illustrations
and other material and related documentation featured, displayed or used in
or in relation to the website ("the Content"). For the avoidance of doubt, this
Agreement does not transfer or grant to nawtNet Limited any right, title, interest
or intellectual property rights in the Customer Software or the Content.
6.3
The Customer undertakes that he will not himself or through any third party,
sell, lease, license or sublicense nawtNet Limited Software.
6.4 nawtNet Limited may
make such copies of the Customer Content as may be necessary to perform its
obligations under this Agreement, including back up copies of the Content. Upon
termination or expiration of this Agreement, nawtNet Limited shall destroy all such
copies of the Content and other materials provided by the Customer as and when
requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 nawtNet Limited
shall use its reasonable endeavours to make the server and the Services available
to the Customer 100% of the time but because the Services are provided by means
of computer and telecommunications systems, nawtNet Limited makes no warranties
or representations that the Service will be uninterrupted or error-free and
nawtNet Limited shall not, in any event, be liable for interruptions of Service
or downtime of the server.
7.2 nawtNet Limited carries out data backups for use
by nawtNet Limited in the event of systems failure. nawtNet Limited do not provide data
restoration facilities for individual customers. Even though every effort is
made to ensure data is backed up correctly nawtNet Limited accepts no responsibility
for data loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 The website and use
of the Services may be used for lawful purposes only and the Customer may not
submit, publish or display any content that breaches any law, statute or regulation.
In particular the Customer agrees not to:
8.1.1 use the Services or the website
in any way to send unsolicited commercial email or "spam", or any similar
abuse of the Services;
8.1.2 send email or any type of electronic message
with the intention or result of affecting the performance of any computer
facilities;
8.1.3 publish, post, distribute or disseminate defamatory,
obscene, indecent or other unlawful material or information, or any
material or information which infringes any intellectual property rights
(for the avoidance of doubt this includes licensed software distributed
as Warez), via the Services or on the Website;
8.1.4 threaten, abuse,
disrupt or otherwise violate the rights (including rights of privacy
and publicity) of others;
8.1.5 engage in illegal or unlawful activities
through the Services or via the Website;
8.1.6 make available or upload
files to the website or to the Services that the Customer knows contain
a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to
obtain access, through whatever means, to areas of nawtNet Limited's
network or the Services which are identified as restricted or confidential.
This includes leaving your home directory whilst using SSH access to
servers.
8.1.8 operate or attempt to operate IRC bots or other permanent
server processes.
8.2 The Customer has full responsibility for the content
of the Website. For the avoidance of doubt, nawtNet Limited is not obliged
to monitor, and will have no liability for, the content of any communications
transmitted by virtue of the Services.
8.3 If the Customer fails to
comply with the Acceptable Use Policy outlined in Clause 8.1 nawtNet
Limited shall be entitled to withdraw the Services and terminate the
Customer's account without notice.
9 ALTERATIONS AND UPDATES
All alterations
and updates to the website shall be made by the Customer using the online
account management facility, FTP access or SSH access where available.
The Customer will be issued with a user name and password in order to
access the account. The Customer must take all reasonable steps to maintain
the confidentiality of this user name and password. If the Customer
reasonably believes that this information has become known to any unauthorised
person, the Customer agrees to immediately inform nawtNet Limited
and the password will be changed.
10 WARRANTIES
10.1 The Customer warrants
and represents to nawtNet Limited that nawtNet Limited's use of the
Content or the Customer Software in accordance with this Agreement will
not infringe the intellectual property rights of any third party and
that the Customer has the authority to license the Content and the Customer
Software to nawtNet Limited as set out in Clause 6.2.
10.2 All conditions,
terms, representations and warranties that are not expressly stated
in this Agreement, whether oral or in writing or whether imposed by
statute or operation of law or otherwise, including, without limitation,
the implied warranty of satisfactory quality and fitness for a particular
purpose are hereby excluded. In particular and without prejudice to
that generality, nawtNet Limited shall not be liable to the Customer
as a result of any viruses introduced or passed on to the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold nawtNet Limited
and its employees and agents harmless from and against all liabilities,
legal fees, damages, losses, costs and other expenses in relation to
any claims or actions brought against nawtNet Limited arising out of
any breach by the Customer of the terms of this Agreement or other liabilities
arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit nawtNet
Limited's liability for death or personal injury resulting from nawtNet
Limited's negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of nawtNet Limited to the Customer in respect
of any claim whatsoever or breach of this Agreement, whether or not
arising out of negligence, shall be limited to the charges paid for
the Services under this Agreement in respect of which the breach has
arisen.
12.3 In no event shall nawtNet Limited be liable to the Customer for
any loss of business, loss of opportunity or loss of profits or for
any other indirect or consequential loss or damage whatsoever. This
shall apply even where such a loss was reasonably foreseeable or nawtNet
Limited had been made aware of the possibility of the Customer incurring
such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become
effective on the date the service is ordered and shall continue until
terminated by either party in writing of its intention to terminate
the Agreement.
13.2 nawtNet Limited shall have the right to terminate
this Agreement with immediate effect by notice in writing to the Customer
if the Customer fails to make any payment when it becomes due.
13.3
Either party may terminate this Agreement forthwith by notice in writing
to the other if:
13.3.1 the other party commits a material breach of
this Agreement and, in the case of a breach capable of being remedied,
fails to remedy it within a reasonable time of being given written notice
from the other party to do so; or
13.3.2 the other party commits a material
breach of this Agreement which cannot be remedied under any circumstances;
or
13.3.3 the other party passes a resolution for winding up (other
than for the purpose of solvent amalgamation or reconstruction), or
a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially
the whole of its business; or
13.3.5 the other party is declared insolvent,
or convenes a meeting of or makes or proposes to make any arrangement
or composition with its creditors; or a liquidator, receiver, administrative
receiver, manager, trustee or similar officer is appointed over any
of its assets.
13.4 Any rights to terminate this Agreement shall be
without prejudice to any other accrued rights and liabilities of the
parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customers account will be deleted.
14 ASSIGNMENT
14.1 nawtNet Limited may assign or otherwise transfer
this Agreement at any time.
14.2 The Customer may not assign or otherwise
transfer this Agreement or any part of it without nawtNet Limited's
prior written consent.
15 FORCE MAJEURE
Neither party shall be liable
for any delay or failure to perform any of its obligations if the delay
or failure results from events or circumstances outside its reasonable
control, including but not limited to acts of God, strikes, lock outs,
accidents, war, fire, the act or omission of government, highway authorities
or any telecommunications carrier, operator or administration or other
competent authority, the act or omission of any Internet Service Provider,
or the delay or failure in manufacture, production, or supply by third
parties of equipment or services, and the party shall be entitled to
a reasonable extension of its obligations after notifying the other
party of the nature and extent of such events.
16 SEVERANCE
If any provision
of this Agreement is held invalid, illegal or unenforceable for any
reason by any Court of competent jurisdiction such provision shall be
severed and the remainder of the provisions hereof shall continue in
full force and effect as if this Agreement had been agreed with the
invalid illegal or unenforceable provision eliminated.
17 NOTICES
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 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 2 days following the date of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between
the parties relating to the subject matter and supersedes any previous
agreements, arrangements, undertakings or proposals, oral or written.
This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with
the law of England and the parties hereby submit to the exclusive jurisdiction
of the English courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names
are not deemed to be successfully registered until they appear in the
relevant whois database of the top level domain name registrar. In the
event that a domain name is unavailable when we attempt to register
it nawtNet Limited will provide a full refund for that domain name.
20.2 Please return to the main terms and conditions area of this website
to view terms and conditions for individual domain name registrars.
21 SCRIPTING
nawtNet Limited are not responsible for customer programming
issues other than ensuring that programming languages such as Perl,
PHP and ASP are installed and functioning on the web hosting system.
22 PRIVACY
To protect your privacy we will not distribute your details
to third parties, unless required to do so by law.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer,
if you exceed this amount in any one month your account will be deactivated
until you have upgraded to an account that has more data transfer included.
23.2 Web hosting accounts are prohibited from hosting file distribution
websites (including but not limited to music, video and software), adult
content orientated websites, hosting banners, graphics or cgi scripts
for other websites, storing pages, files or data as a repository for
other websites or personal computers, giving away web space under a
domain, sub domain or directory.
24 SERVER USAGE
Should your account
use more than 5% of the servers processing power and as a result have
a detrimental effect on other customers we will discuss with you alternative
solutions for your hosting requirements.
25 AFFILIATE PROGRAMME
Commission
earned via the affiliate programme will only be paid by using a valid
direct debit/credit mandate on your account. It is the customers responsibility
to ensure they have this facility. In the event of the customer not
being able to obtain this facility then no commission will be paid.
26 EMAIL NEWSLETTER
nawtNet Limited communicates with it's customers
via email and as such you agree to receive by email our regular newsletter
which contains amongst other things changes to our terms and conditions,
notification of major outages, updates to our products & features
and special offers.
27 WEBSPACE USAGE
Unlimited web space is available
for genuine web site content, content must be linked into web pages.
Customers are prohibited from using the server as a file/backup repository.
Customers are expected to employ good house keeping when maintaining
their account.
28 MAIL BOXES
Mail boxes not accessed for 100 days or
more will be deleted from the system.
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