By
using our services you agree to be bound by our terms and conditions
below:
| 1.
Web Site Hosting And Email |
| 1.1. |
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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. |
| 1.2. |
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You shall effect and maintain adequate insurance cover in respect
of any loss or damage to data stored on the Server. |
| 1.3 |
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You represent, undertake and warrant to us that you will use the
Web Site allocated to you only for lawful purposes. In particular, you
represent, warrant and undertake to us that. |
| 1.3.1 |
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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 authorize or permit any other person to do so. |
| 1.3.2 |
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you will not post, link to or transmit:
- any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
- any material containing a virus or other hostile computer program.
- any material which constitutes, or encourages the commission of, a criminal offense 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.
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| 1.3.3 |
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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. |
| 1.3.4 |
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you will not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory. |
| 1.4 |
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We reserve the right to remove any material which we deem inappropriate
from your web site without notice. We do not host Warez, Adult or illegal
MP3 content (i.e. you may only upload MP3's if you own the copyright). |
| 1.5 |
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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 loss, theft or unauthorized disclosure of your
password or other security information. |
| 1.6 |
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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. |
| 1.7 |
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You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure
manner. |
| 1.8 |
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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. |
| 1.9 |
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Any access to other networks connected to Chris Sadler must comply
with the rules appropriate for those other networks. |
| 1.10 |
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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. |
| 1.11 |
|
Users that abuse the network, such as mass unsolicited email (spam),
illegal content, fraud, payment invasion, will have their name, website
address, details of the abuse and ip number posted on our "name
and shame" forum to aid other hosts and our resellers in refusing
you future accounts. Under all circumstances we will inform your ISP
of your actions and if necessary legal and police departments. We will
not tolerate any abuse of our network and abuse will be punished to
the fullest extent allowable under law.
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| 1.12 |
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In relation to clause 1.11, we have the right to charge a $350 fine for each abuse case and the abuser will be liable
for any costs incurred by ourselves, our customers or any other company
/ business linked to us. |
| 1.13 |
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If you abuse the network or we receive a complaint about your account
we will investigate this and we have the right to suspend the account
if your actions could have a negative effect on our business or any
other business connected to us. In extreme cases we may terminate your
account and end our business relationship with you immediately. In such
circumstances a refund will not be paid. Attempts to recover any monies
paid in abuse situations will result in legal proceedings against you
to the fullest extent allowable under law.
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| 1.14 |
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The above clauses, namely 1.11, 1.12 and 1.13 are here to protect
our honest and legitimate customers from the negative effects caused
by abuse of our network. We take abuse extremely seriously and we will
always punish abusers to the fullest extent in EVERY case without exception.
|
| 2.
Affiliates |
| 2.1 |
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We reserve the right to remove an affiliate account if it is found
that the said affiliate has conducted any of the following activities:
the sending of unsolicited email (aka spam/spamming), bulk off-topic
advertising / posting to newsgroups, performed an action that could
or has damaged our business reputation, or the reputation of any companies
/ businesses connected with Chris Sadler. |
| 2.2 |
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We reserve the right to increase / decrease commissions and percentages
to our affiliates at any time without reason, and to remove the affiliate
scheme altogether at any time. |
| 2.3 |
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Affiliates commission is calculated and paid in $US (US DOLLARS). |
| 2.4 |
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Affiliates will receive their commission when they have built up
a balance of $100 or more. When this amount is reached, their cheque
will be posted to them within 10 working days. |
| 2.5 |
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If a commission cheque is returned due to incorrect postage details
then any additional bank / admin charges will be deducted from the affiliates
commission before it is resent to a corrected address. |
| 3. Web Site Hosting Service Availability |
| 3.1 |
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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. |
| 3.2 |
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We shall have the right to suspend the Services at any time and
for any reason, generally without notice, but if such suspension lasts
or is to last for more than 7 days you will be notified of the reason. |
| 3.3 |
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The Services provided to you hereunder and your account with us
cannot be transferred or used by anyone other than you. 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; user programs may be run only during
log-in sessions. If your account is found to have been transferred to
another party, or shows other activity in breach of this subclause,
we shall have the right to cancel the account and terminate the Services
and/or this Agreement immediately. |
| 3.4 |
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Uptime guarantees do not include downtime required to upgrade /
service hardware. |
| 4. Web Site Hosting Payment |
| 4.1 |
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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 and shall be due and payable in advance of our service
provision. We reserve the right to change pricing at any time although
all pricing is guaranteed for the period of pre payment. |
| 4.2 |
|
Payment is due each month or year until closure notice is given.
If you choose to pay by credit or debit card you authorize Chris Sadler's
credit cardprocessing (PayPal) to debit your account
renewal fees from your card. |
| 4.3 |
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All payments must be in $US (US dollars). |
| 4.4 |
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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 forthwith to suspend the provision of Services to you. |
| 4.5 |
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Orders submitted using free email accounts may be subject to a telephone call to confirm the order prior to the account being set up. |
| 5. Web Site Hosting Termination |
| 5.1 |
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If you fail to pay any sums due to us as they fall due, we may suspend
the Services and/or terminate this Agreement forthwith without notice
to you. |
| 5.2 |
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If you break any of these terms and conditions we may suspend the
Services and/or terminate this Agreement forthwith without notice to
you. |
| 5.3 |
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If you are a company and you go into insolvent liquidation or suffer
the appointment of an administrator or administrative receiver or enter
into a voluntary arrangement with your creditors, we shall be entitled
to suspend the Services and/or terminate this Agreement forthwith without
notice to you. |
| 5.4 |
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Refunds will be given at the discretion of the Company Management
including refunding of upfront yearly fees |
| 5.5 |
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We reserve the right to suspend the Services and/or terminate this
Agreement / your account at any time with no notice or reason.
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| 5.6 |
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You may cancel the Services at any time. Canceling payments
to us on monthly paid plans will result in the immediate suspension
of the service(s). For prepaid plans the account will be suspended
at the end of the prepaid period. Partial refunds will not be given. |
| 5.7 |
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On termination of this Agreement or suspension of the Services we
shall be entitled immediately to block your Web Site and to remove all
data located on it. |
| 6. Web Site Design Services |
| 6.1 |
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No work will start on the design of a website until:
- we have received full payment,
- we have received all requested information from the customer such as: text for the web pages etc.
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| 6.2 |
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Once work has started on the design we will only refund a percentage
for work uncompleted if a refund if requested.
|
| 7. Resellers |
| 7.1 |
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Resellers may cancel their account at anytime by emailing us with
their account number, username and password. |
| 7.2 |
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Additional reseller resources are only available in units, as per
our website. |
| 7.3 |
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The reseller will be responsible for their customers and must ensure
that their customers do not break any parts of our terms and conditions. |
| 7.4 |
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If a resellers customer is found to be sending unsolicited email
(aka spam) the reseller must warn the customer that if this is repeated
their account will be terminated. If a reseller allows such actions
to continue, we have the right to remove the offending customer. |
| 7.5 |
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If a reseller fails to pays for any reseller unit we reserve the
right to suspend the resellers account and stop their customers from
using our resources. |
| 7.6 |
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We will not be held liable for the actions of our resellers. |
| 7.7 |
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Resellers must act in a professional business manner at all times. |
| 7.8 |
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A reseller may sell their customers to us at a price we set. |
| 7.9 |
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Resellers must not create web hosting packages that contain features
that we do not offer.
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| 8. Adult website hosting |
| 8.1 |
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We do not under any circumstances allow adult content that contains any person under the age of 18.
A deposit of $250 is required as a good faith guarantee. |
| 8.2 |
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Adult hosting customers agree for us to check their content on
a daily basis to protect against underage and / or illegal content. |
| 8.3 |
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Any customer found to be hosting underage and / or illegal content
i.e., child porn will have their account terminated immediately and
the offending content will be passed to the FBI on ALL occasions. |
| 8.4 |
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Adult hosting is charged at $5.00 per 1,000 MB's of monthly transfer,
e.g., $50.00 pm month would provide 30,000 Mb's per month. |
| 8.5 |
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A charge of $500 will be taken from any customer found to be hosting child porn, no refunds will be paid and the good faith deposit will be forfeit. |
| 9. Credit / Debit Card Chargebacks |
| 9.1 |
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If a services have been used and the customer requests their bank to recall the payments made (sometimes called a chargeback) then legal action will be taken against the customer to recover such payments in
all circumstances. |
| 9.2 |
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All actions of fraud are automatically reported to the police. |
| 9.3 |
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Any cases of underage porn on our servers will automatically be
reported to the police and we will work with such bodies to ensure that
legal action is taken against you. We will never tolerate such actions.
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| 10. This agreement |
| 10.1. |
|
By performing any transactions on this web site you agree to these
terms and conditions. |