Terms Of ServiceOur hosting service provides World Wide Web page hosting. We reserve the right to suspend or cancel a customer's access to any or all services provided by us when we decide that the account has been inappropriately used or otherwise. Domain name transfers must be actioned using the Transfer Domain Form. HOSTING USE Accounts are to be used by the primary owner only. Account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. We reserve the right to refuse service and /or access to our hosting service to anyone. Our hosting service does not allow any of the following content to be stored on the hosting service servers: Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of our hosting service company. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. If you wish to transfer the hosting of your web site to another hosting company this must be actioned using the Transfer Hosting Form. UNLIMITED USE POLICY High bandwidth usage: Our hosting service offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, we may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances we will contact that customer and advise on an upgrade path. In consideration of all customers we reserve the right to implement our High Resource User Policy. HIGH RESOURCE USER POLICY Resources are defined as bandwidth and/or processor utilization. We may implement the following policy at our sole discretion: When a website is found to monopolize the resources available, the account holder will be contacted in order to discuss the situation. If no arrangement can be reached, we reserve the right to terminate the account giving one months notice. SERVICE AVAILABILITY We strive for a 100% uptime and we will use reasonable efforts to make the Services available. You agree that owing to the nature of telecommunication networks and the connections over the Internet it is impossible to provide a fault free service. Too many people trying to use the network at the same time might adversely affect the quality of the Services. We shall not, in any event, be liable for any Service interruptions or down time of the Services. PAYMENT POLICIES All accounts are set up on a prepay basis. Any setup fees charged are non-refundable. All pricing is guaranteed for the term of prepayment. We reserve the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. Credit card orders that are on a 'month-to-month' and 'yearly' basis will be charged automatically to the card number on file. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. Invoices for those customers who pay by cheque will be sent 1 month before payment is due. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services. All payment is in U.K. Sterling. CANCELLATION We reserve the right to cancel the service at any time. All fees paid in advance of cancellation will be prorated and paid by Netwinner Limited if Netwinner limited institutes its right of cancellation. If cancellation is caused by customers violation of these policies, then no refund is due. Customers can cancel the service any time and be refunded any amount exceeding the prepayment of the current period. Payment will be made by company cheque within 30 days of receipt of cancellation or credit card return. The account will be cancelled at the end of the current billing period, unless a date of cancellation is specified. INDEMNIFICATION Customer agrees that it shall defend, indemnify, save and hold Netwinner Limited, harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Netwinner Limited, agents, customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Netwinner Limited, against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Netwinner Limited, and it's suppliers servers (2) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to the customer from Netwinner Limited and it's suppliers DISCLAIMER Netwinner
Limited will not be responsible for any damages your business may suffer.
Netwinner Limited, and it's
suppliers, make no warranties of any kind, expressed or implied for
services we provide. Netwinner Limited and it's
suppliers disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss
of data resulting from delays, non-deliveries, wrong delivery, and any
and all service interruptions caused by Netwinner Limited and its
suppliers
and its employees. Netwinner Limited, and it's
suppliers,
reserves the right to revise its policies at any time. Revised: August 03, 2001. |
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