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Terms of Service

 

1. SERVICE AGREEMENT
2. USAGE POLICY
3. TRADEMARK ABUSE
4. DISPUTE RESOLUTION



Terms Of Service

1. SERVICE AGREEMENT

This Agreement ("Agreement") is between The Webs We Host, and the customers of our services.

For good and valuable consideration,
the parties agree as follows:

1. SERVICES
Subject to the terms and conditions of this Agreement, The Webs We Host will provide to Customer the Web hosting
and/or related services described in the plan selected by Customer from The Webs We Host then published list of services offered from time to time ("Services"). The specific plan of Services to be provided initially to Customer shall be as selected in the Order and thereafter as established through correspondence between Customer and The Webs We Host.

2. TERMS
The initial term of this Agreement shall be as stated in the Order ("Initial Term"). The Initial Term shall begin upon commencement of Service to Customer, provided, however, no Service shall commence unless and until The Webs We Host receives and accepts a completed Order from Customer, plus payment in full for Services to be rendered during the Initial Term and any setup charges The Webs We Host reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by The Webs We Host. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or canceled by either party only as provided in Paragraph 9 below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term."

3. FEES AND PAYMENT
All fees for Services rendered or provided to Customer shall be in accordance with The Webs We Host pricelist then in effect, the terms of which are incorporated herein by reference. A pricelist setting forth The Webs We Host current rates for Services is available on the website. The Webs We Host may, with 30 days notice to Customer, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Customer will receive an invoice by email for the charges for the basic Services rendered or provided by The Webs We Host for such renewal period, plus any additional Services rendered or provided by The Webs We Host to Customer for the preceding month of the Term, and any other charges or fees then due hereunder. Payment in full of such invoiced amount is due upon receipt of the invoice. Should payment in full of any invoice not be received by The Webs We Host within thirty (30) days after date of invoice, The Webs We Host may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due The Webs We Host remains unpaid thirty (30) days after presentation of an invoice to Customer, The Webs We Host, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of The Webs We Host) shall be paid by Customer. No refunds will be given if Customer applies for a .ltd.uk or .plc.uk domain without giving the correct Company Registration number.

4. CONTENT AND CUSTOMER'S RESPONSIBILITY The Webs We Host will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. The Webs We Host shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.

5. NO WARRANTY
Customer agrees to use all The Webs We Host' Services and facilities, and any information obtained through or from The Webs We Host, at Customer's own risk. Customer acknowledges and understands that neither The Webs We Host, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. The Webs We Host specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.

6. PROHIBITED USES
Customer shall not use, nor permit the use by any person of, Customer's Web space or any part thereof, including any links to other Web space, in violation of The Webs We Host' "Usage Policy" provided herewith.

7. LIMITED LIABILITY
Under no circumstances, including negligence, shall The Webs We Host, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to The Webs We Host' records, programs or services. The Webs We Host further shall have no responsibility whatsoever to Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate amount which Customer paid during the twelve (12) months immediately preceding the claim or the term of this Agreement, whichever is less.

8. INDEMNIFICATION
Customer shall defend, indemnify, save and hold The Webs We Host harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against The Webs We Host, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by Customer, its agents, employees or assigns or any product distributed, offered or sold by Customer, its agents, employees or assigns.

9. TERMINATION
This Agreement may be terminated: (i) by either party, without cause, by giving the other party 30 days prior written notice; (ii) by The Webs We Host, at any time, upon 20 days' prior notice if in the sole judgment of The Webs We Host, Customer breaches any material provision of this Agreement and has not cured same by the end of the 20 days; (iii) by The Webs We Host in the event of nonpayment by Customer as provided in Paragraph 3 above; and (iv) by The Webs We Host, at any time, without notice, if, in The Webs We Host' sole judgment, Customer is in violation of any terms or conditions of The Webs We Host' Usage Policy. If domain name is transferred or cancelled for any reason before the first twenty-four months, a fee of fifty dollars will be charged in all circumstances. The transfer or change of handle/tags will not take place until payment has been received in full.

10. ADDITIONAL TERMS AND CONDITIONS
Customer hereby acknowledges that it has received and reviewed a copy of The Webs We Host' "Usage Policy" provided herewith and that the terms of the Usage Policy are incorporated herein by reference. The Webs We Host reserves the right to amend this Service Agreement and the Usage Policy from time to time and Customer shall be bound by  any such amendments. Customer shall have the obligation to  periodically visit The Webs We Host' Web site to review its Usage Policy and to make certain Customer is in full compliance therewith. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern.

11. NOTICE
All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a notice must be in writing. All notices to The Webs We Host shall be delivered to its address stated above or its email address as provided. All notices to the Customer shall be delivered to its mailing address or its email address as provided on the Order. The parties may change their respective address by notice delivered to the other party. All notices delivered in writing must be sent either by overnight courier or certified mail, return receipt requested. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.

12. MISCELLANEOUS
This Agreement sets forth the entire agreement between The Webs We Host and Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. Customer may not transfer or assign this Agreement without The Webs We Host' prior written consent. This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defenses concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of The Webs We Host's services.

USAGE POLICY


The The Webs We Host Usage Policy has been developed with the following objectives:

Ensure security, reliability and privacy of The Webs We Host' systems and network, and the networks and systems of others. Maintain the image and reputation of The Webs We Host as a responsible provider. Preserve the value of Internet resources as a conduit for free expression. Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services. Avoid situations that may cause The Webs We Host to incur civil liability. Preserve the privacy and security of individual users. We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our Customers are protecting the rights and privileges of all Internet users.

VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDICATE TERMINATION OF ALL ACCOUNTS.

General Conduct

1. Customers are prohibited from transmitting on or through any of The Webs We Host' services, any material that is, in The Webs We Host' sole discretion, unlawful, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.
2. The Webs We Host' services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of UK regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. The Webs We Host reserves the right to remove such illegal material from its servers.
3. Customers may not engage in tortious conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.
4. The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

System and Network Usage

Security

1. Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks.
2. Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
4. Customers must safeguard their account passwords to prevent unauthorized access to their account.
5. Users who violate systems or network security may incur criminal or civil liability. The Webs We Host will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
6. The Webs We Host Reserves the right to access servers/accounts within their network if they believe the terms and conditions of use are not being followed. See: THE WEBS WE HOST SERVER ACCESS REGULATIONS

Email

1. Harassment, whether through language, frequency, or size of messages, is prohibited.
2. Customers may not send email to any person
who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.
3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
5. Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
6. Forging of header or any other information is not permitted.
7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
8. The Webs We Host accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
9. These rules apply to other types of Internet-based distribution mediums as well. USENET postings have their own regulations; see below.

USENET (News)

1. The Webs We Host is not responsible for the content of any USENET posting, whether or not the posting was made by a The Webs We Host Customer.
2. Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.
3. Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam").
4. Customers are prohibited from posting binary files to newsgroups not specifically named for that purpose.
5. Customers are prohibited from canceling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.
6. Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
7. A customer may not solicit mail for any other address, other than that of the Customer's The Webs We Host account or service, with the intent to harass or collect replies after The Webs We Host' service has been terminated.

IRC (Internet Relay Chat)

1. The Webs We Host is not liable for the content of any communications made on IRC.
2. Customers may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.
3. Customers are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to fill the screens of others), "flashing" (disrupting terminal emulation), "takeovers" (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via "ignore"), attempting to return to a channel after being banned from it, and other disruptive behaviors.

General Uses

1. Customers may not permit the use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the Customer's own account. 2. Customers may not employ posts or programs that consume excessive CPU time or storage space. The Webs We Host reserves the right to kill off CPTU intensive process.
Material and Product Requirements

1. Customers must ensure that all material and data placed on The Webs We Host' equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on The Webs We Host' part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer's material is not "server-ready", we have the option at any time to reject this material. The Webs We Host will notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of The Webs We Host.
2. Use of The Webs We Host' service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer's Web space. Customers must have the necessary knowledge to create and maintain a Web space. It is not the responsibility of The Webs We Host to provide this knowledge or customer support outside of the service defined in the Service Agreement.

Privacy

1. The Webs We Host will not sell or knowingly disclose its customer lists or customer email or listserv address lists. We will attempt to protect the privacy of our Customers and their information that is stored on our network. The Webs We Host will only access and disclose information as necessary to comply with applicable laws and government requests, to operate and maintain our systems and services, or to protect ourselves or our Customers.
2. The Webs We Host will not monitor or disclose a Customer's private email messages unless required by court order or law. We will cooperate with the authorities and will notify such authorities if it suspects that a Customer is engaged in illegal activities.


THE USAGE POLICY DEFINES THE ACTIONS WHICH The WEBS WE HOST CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO THE WEBS WE HOSTS' CUSTOMERS.

If you are unsure whether any contemplated use or activity is prohibited, please use our online forms and we will assist you. Please note that the activities set forth above are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by The Webs We Host, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies.

The Webs We Host must further limit any exceptions made to the Usage Policy as secondary in regards to server and network security, performance and integrity. Any user, regardless of exception status, may have his or her service disabled if it is interfering with our servers or network.

Specific questions about this policy should be filled out on our online forms. Reports of activity in violation of this policy may be sent via registered post to our head office.


3. TRADEMARK ABUSE


Before you sign up for any domain name with us, you must explicitly assert that to your knowledge you are not abusing any trademark or other statutes. If in doubt, seek legal advice.


4. DISPUTE RESOLUTION

The Webs We Host is not part of a dispute between a trademark owner and a Registrant. We cannot arbitrate between two disputing parties. Procedures for disputes are already in place, please jump to these pages.

Network Solution Dispute Resolution (.com .net .org)
Nominet Dispute Resolution



UK - Patent Office


US - Patent Office


Privacy Policy

The Webs We Host knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy.

By visiting The Webs We Host, you are accepting the practices described in this Privacy Notice.

What Personal Information About Customers Does The Webs We Host gather?
The information we learn from customers helps us personalize and continually improve your experience at The Webs We Host. Here are the types of information we gather.

Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our services, and communicating with you.

Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses The Webs We Host. Although we will not be able to provide you with a personalized experience at The Webs We Host if we cannot recognize you, we want you to be aware that you can “turn off” accepting cookies in your Web browser.

E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from The Webs We Host if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please notify us at The Webs We Host.
 

Information from Other Sources: For reasons such as improving personalization of our service (for example, providing better product recommendations or special offers that we think will interest you), we might receive information about you from other sources and add it to our account information. We also sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily.

What About Cookies?
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide shopping features and storage of items in your Shopping Cart between visits.

The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of The Webs We Host's coolest features, and we recommend that you leave them turned on.

Does The Webs We Host share the information It Receives?
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only with the subsidiaries The Webs We Host controls and as described below.

Affiliated Businesses We Do Not Control: We work closely with our affiliated businesses. In some cases, these businesses operate stores at The Webs We Host or sell offerings to you at The Webs We Host. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. You can tell when another business is involved in your transactions, and we share customer information related to those transactions with that business.

Agents: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

Promotional Offers: Sometimes we send offers to selected groups of The Webs We Host customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please notify us at The Webs We Host.

Business Transfers: As we continue to develop our business, we might sell or buy stores or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the unlikely event that The Webs We Host, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

Protection of The Webs We Host and Others: We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of The Webs We Host, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

How Secure Is Information About Me?
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

What Information Can I Access?
Upon request, The Webs We Host will provide a summary of any personal information retained by The Webs We Host. The Webs We Host will only send personal records the email address on file for the visitor name associated with it. Visitors may modify, correct, change, or remove their personal record from The Webs We Host’s database.

What Choices Do I Have?
As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of The Webs We Host's features.

You can add or update certain information on pages. When you update information, we usually keep a copy of the prior version for our records.

If you do not want to receive e-mail or other mail from us, please notify us at The Webs We Host. (If you do not want to receive legal notices from us, such as this Privacy Notice, those notices will still govern your use of The Webs We Host, and it is your responsibility to review them for changes.)

The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, you may not be able to use some important features of The Webs We Host.

The Federal Trade Commission provides useful information about online privacy on its own Web site, Site Seeing on the Internet.

Children
The Webs We Host does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use The Webs We Host only with involvement of a parent or guardian.

Conditions of Use, Notices, and Revisions
If you choose to visit The Webs We Host, your visit and any dispute over privacy is subject to this Notice and our Terms and Conditions, including limitations on damages, arbitration of disputes, and application of any state law. If you have any concern about privacy at The Webs We Host, please send us a thorough description to The Webs We Host, and we will try to resolve it. Our business changes constantly. This Notice and the Terms and Conditions will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes.










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