- 1. SERVICE AGREEMENT
- 2. USAGE POLICY
- 3. TRADEMARK ABUSE
- 4. DISPUTE RESOLUTION
1. SERVICE AGREEMENT
This Agreement ("Agreement") is between Web One Solutions ("WOS") of 30 Winston Close, Eastleigh, Hampshire SO50 4NS ENGLAND, and the customers of our services. For good and valuable consideration, the parties agree as follows:
Subject to the terms and conditions of this Agreement, WOS will provide to Customer the Web hosting and/or related services described in the plan selected by Customer from WOS 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 WOS.
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 WOS 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. WOS reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by WOS. 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 cancelled 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 WOS pricelist then in effect, the terms of which are incorporated herein by reference. A pricelist setting forth WOS current rates for Services is available on the website. WOS 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 WOS for such renewal period, plus any additional Services rendered or provided by WOS 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 WOS within thirty (30) days after date of invoice, WOS 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 WOS remains unpaid thirty (30) days after presentation of an invoice to Customer, WOS, 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 WOS) shall be paid by Customer. Refunds are given at the discretion of the Company Management.
4. CONTENT AND CUSTOMER'S RESPONSIBILITY
WOS will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. WOS 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 WOS' Services and facilities, and any information obtained through or from WOS, at Customer's own risk. Customer acknowledges and understands that neither WOS, 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. WOS 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 WOS' "Usage Policy" provided herewith.
7. LIMITED LIABILITY
Under no circumstances, including negligence, shall WOS, 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 WOS' records, programs or services. WOS 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.
Customer shall defend, indemnify, save and hold WOS 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 WOS, 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.
This Agreement may be terminated: (i) by either party, without cause, by giving the other party 30 days prior written notice; (ii) by WOS, at any time, upon 20 days' prior notice if in the sole judgment of WOS, Customer breaches any material provision of this Agreement and has not cured same by the end of the 20 days; (iii) by WOS in the event of non-payment by Customer as provided in Paragraph 3 above; and (iv) by WOS, at any time, without notice, if, in WOS' sole judgment, Customer is in violation of any terms or conditions of WOS' Usage Policy.
10. ADDITIONAL TERMS AND CONDITIONS
Customer hereby acknowledges that it has received and reviewed a copy of WOS' "Usage Policy" provided herewith and that the terms of the Usage Policy are incorporated herein by reference. WOS 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 WOS' 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.
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 WOS 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.
This Agreement sets forth the entire agreement between WOS 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 WOS' 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 defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of WOS's services.
13. MONEY BACK GUARANTEE
WOS provides a 30 day money back guarantee which applies to new Customers only. The Customer may give Notice of Termination as provided by Paragraph 11 of this Agreement and request a full refund fees relating to web hosting Services only within a period of 30 days from the date of commencement of Services. Upon receipt of the Customers Notice, WOS will immediately terminate Services and provide a refund of web hosting fees paid by the same payment method used by the Customer to pay fees at the commencement of Services. The Money Back Guarantee does not apply to any fees paid in respect of Domain Name Registrations. At the point of Termination any Domain Name registered in conjunction with the web hosting Services and that has no Fees outstanding will be released to the Customer at no extra charge.
2. USAGE POLICY
The WOS Usage Policy has been developed with the following objectives: Ensure security, reliability and privacy of WOS' systems and network, and the networks and systems of others. Maintain the image and reputation of WOS 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 WOS 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 IMMEDIATE TERMINATION OF ALL ACCOUNTS.
1. Customers are prohibited from transmitting on or through any of WOS' services, any material that is, in WOS' sole discretion, unlawful, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.
2. WOS' 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. WOS reserves the right to remove such illegal material from its servers.
3. Customers may not engage in tortuous 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. WOS 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. WOS Reserve the right to access servers/accounts within their network if they believe the terms and conditions of use are not being followed. See: WOS SERVER ACCESS REGULATIONS
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. WOS 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.
1. WOS is not responsible for the content of any USENET posting, whether or not the posting was made by a WOS 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 cancelling 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 WOS account or service, with the intent to harass or collect replies after WOS' service has been terminated.
IRC (Internet Relay Chat)
1. WOS is not liable for the content of any communications made on IRC.
2. IRC robots ("bots" or "clones") or IRC sessions may not be run from WOS' server accounts.
3. Customers may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.
4. 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 behaviours.
1. Customers may not permit the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the Customer's own account.
2. Customers may not employ posts or programs that consume excessive CPU time or storage space. WOS reserves the right to kill off CPU intensive process.
Material and Product Requirements
1. Customers must ensure that all material and data placed on WOS' equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on WOS' 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. WOS 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 WOS.
2. Use of some of WOS' 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 WOS to provide this knowledge or customer support outside of the service defined in the Service Agreement.
1. WOS 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. WOS 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. WOS 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 WOS 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 CUSTOMERS. If you are unsure whether any contemplated use or activity is prohibited, please contact us for assistance. 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 WOS, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies. WOS 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
WOS is not part of a dispute between a trademark owner and a Registrant. We cannot arbitrate between two disputing parties. Any disputes over trademarks, howsoever arising, must be dealt with directly between the two disputing parties. Any disputes, howsoever arising, over domain names should be directed to the relevant domain name authority:- .com, .net and .org domains: Network Solutions .co.uk, .org.uk, ltd.uk domains: Nominet