Terms of Service
zeonservers.co.uk or its assets may
be referred to in these terms as; Us, We or Our.
All persons visiting this site may be referred to in these terms as; visitors.
All persons purchasing or using zeonservers.co.uk’s services may be referred to
in these terms as; customers or consumers.
Important Note: This document is updated often. Please make a habit of reviewing
it from time to time to stay abreast of service terms. Reports of activity in
violation of these terms may be sent via e-mail to abuse@zeonservers.co.uk.
This document is divided into the following sections:
1.0 - Term and Payment for Services
1.1 - Term
1.2 - Termination Policy
1.3 - Default and Cure
1.4 - Charges
1.5 - Payment
1.6 - Refund Policy
2.0 - Use of Services
2.1 - Applicable Use Policy
2.2 - Material and Product Requirements
2.3 - Bandwidth and Storage Usage
3.0 - Enforcement
3.1 - Investigation of Violations
3.2 - Actions
3.3 - Disclosure Rights
4.0 - Intellectual Property Rights
4.1 - Your Licence Grant to Us
4.2 - Our Materials and Intellectual Rights
4.3 - Trademarks
5.0 - Warranty; Warranty Disclaimer
5.1 - Customer and/or Third Party Acts
5.2 - No Express or Implied Warranty
5.3 - Your Warranties and Representations to Us
6.0 - Limitation and Exclusion of Liability
6.1 - Limitations
6.2 - Interruption of Service
6.3 - Maintenance
7.0 - Indemnification
8.0 - Miscellaneous
8.1 - Confidentiality
8.2 - Notices
8.3 - Choice of Law and Forum
8.4 - Entire agreement
8.5 - No Fiduciary Relationship; No Third Party Beneficiaries
8.6 - Assignments
8.7 - No Waiver
8.8 - Severability
8.9 - Survival
9.0 - Dedicated Servers
9.1 - Dedicated Server
Amendments
9.2 - Dedicated Server
Support
10.0 - Modification
We strive to provide the best comprehensive hosting solutions in the industry.
This Terms of Service Agreement governs your purchase and use, in any manner, of
all services provided by us, our partners, affiliates and subsidiaries.
You must accept the terms of this Agreement in order to use our Services.
NOTWITHSTANDING ANY ALLEGATIONS TO THE CONTRARY, BY USING THE SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES WHICH ARE
HEREBY INCORPORATED BY REFERENCE HEREIN.
We reserve the right to change or modify any of the terms and conditions
contained in this Agreement, any Addendums and any policy or guideline
incorporated by reference at any time, and from time to time in its sole
discretion, and to determine whether and when any such changes apply to both
existing or future customers. Any changes or modification will be effective upon
posting of the revisions on our web site. Your continued use of Services
following our posting of any changes or modifications will constitute your
acceptance of such changes or modifications.
1.0 Term and Payment for Services
1.1 Term
This Agreement shall be for an initial term as chosen by you once you have
agreed to our legal documents and have paid a fee for a said service. This
agreement will be automatically renewed at the end of the initial term for the
same period as the initial term. You can request the termination of your
services by sending an email to termination@zeonservers.co.uk. Upon initial
request of termination you will be asked to provide us with sufficient customer
identification information so that we may properly identify you and your
account. Any notice of termination will be effective following thirty (30) days
after our receipt thereof. Once customer makes a purchase they are entitled to
the service. Our Network will deliver its services to the fullest extent
possible as provided by this agreement and other policies incorporated herein.
1.2 Termination Policy
If you terminate your receipt of the services prior to the end of the initial
term or the renewal term, whichever is then applicable, we will refund to you
any fees paid in advance of such termination. However, terms for greater than
one month are discounted because you have prepaid for a period greater than a
month. In consideration of the fact that we have provided a discount for
contract periods greater than one month, we shall be entitled to retain as
liquidated damages for the cancellation of a contract for greater than one
month, the base monthly rate agreed for your service, for the period of time
that you have had actual service. In other words, if you paid for 12 months of
service at the discounted rate, and you cancel your service after two months, we
will be entitled to retain as liquidated damages two months payment at the
higher monthly base rate, and not the discounted one year rate. We reserve the
right to cancel a customer’s service at any time. If cancellation is caused by
customer’s violation of these policies, then the refund will be pro rated for
the unused days in a given month, subject to the terms above for cancellation of
discounted plans before the period of time for a plan greater than one month has
elapsed. Your termination request or notice must be submitted to us in the
manner described in section 1.1. We may terminate this agreement at any time and
for any reason by providing to you written notice three (3) days prior to the
date of termination or as provided below.
1.3 Default and Cure
In the event that either party hereto defaults in the performance of any of its
material duties or obligations under this agreement, including failure to make
any payments due under this agreement, and such default is not cured within five
(5) days after written notice is given to the defaulting party specifying the
default, then the party not in default, after given written notice thereof to
the defaulting party, may terminate this agreement.
1.4 Charges
You agree to pay for all charges attributable to your use of the services at the
then current prices, which shall be exclusive of any applicable taxes. You are
responsible for the payment of all government, state, and local sales, use,
value added, excise, duty and any other taxes assessed with respect to the
services, other than taxes based on our net income.
1.5 Payment
All accounts are paid first. Once payment is received, the account is activated.
Each payment is due on or before the same day and month of the next term period.
For example; if you have a monthly plan, and you signed up on April 5th, 2005,
you next payment would be due on or before May 5th, 2005. If you have a yearly
plan, and you signed up on April 5th, 2005, then your next payment would be due
on or before April 5th, 2006. The customer will be notified that a payment is
due, via email, 10 days prior to the due date. Failure to make the payment will
cause termination of the account. Reactivation of any account is £5.00 G.B.
Pounds. All charges for services must be paid in advance pursuant to the then
current prices applicable to the services ordered by, and provided to the
customer. Upon entering this agreement, you must choose to pay either by direct
debit to a U.K. bank account, or receive an invoice and submit subsequent
payment via an approved payment processor (e.g. Paypal). You must notify us of
any changes to your payment method (including, without limitation, applicable
account number or cancellation or expiration of the account), your billing
address, or any information that may prohibit us from payment through your
account. If you choose to be invoiced upon registration for services, we will
invoice you for the services applicable to the period for which you have
registered for the services. You hereby agree to pay to us the amount indicated
in each invoice by the due date reflected on that invoice. If you fail to pay
any fees and taxes by the applicable due date for direct debit or invoice
payments, your account will be terminated.
1.6 Refund Policy
Refund policy customer has seven (7) days to do a trial period with our
services. In these seven (7) days period the customer has the right to cancel or
demand a full refund if they are not satisfied with the service. However, after
exceeding this seven (7) day period the customer will not be entitled to a full
refund and they will be billed until a cancellation is initiated. However,
customers are entitled to a pro rate refund for any unused days in a given
month, subject to the rules governing discounted hosting plans for greater than
one month above. This refund policy applies to only our network web hosting
services, and not domain names, SSL certificates, or other products provided by
us which are not related to its internet hosting service. There shall be no
right to a refund for the purchase of any domain name, or SSL certificate.
2.0 Use of Services
2.1 Applicable Use Policy
Our acceptable usage policy governs the general policies and procedures for use
of our services. The policy is posted on our web site (or such other location as
we may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ
THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF
THE USAGE POLICY AND ANY MODIFICATIONS. WE RESERVE THE RIGHT TO IMMEDIATELY
TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.
THE ACCEPTABLE USAGE POLICY IS HEREBY INCORPORATED INTO THIS AGREEMENT BY
REFERENCE AS FULLY SET FORTH HEREIN.
2.2 Material and Product Requirements
Unless we have agreed otherwise in a separate agreement, you must ensure that
all material and data placed on our equipment is in a condition that is
"server-ready," which is in a form requiring no additional manipulation by us.
We will make no effort to validate any of this information for content,
correctness or usability. If your material is not "server-ready", we have the
option at any time to reject this material. We will notify you of its refusal of
the material and afford you the opportunity to amend or modify the material to
satisfy the needs and/or requirements of us. Use of the services 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 your Web site. You must have the necessary knowledge to
create and maintain a web site. It is not our responsibility to provide this
knowledge or customer support outside of the services agreed to by you and us.
2.3 Bandwidth and Storage Usage
You agree that use of the services under this agreement will not exceed the
bandwidth and storage usage limits set out. If you use any bandwidth or storage
space in excess of the agreed upon number of megabytes per month, you agree to
pay the associated additional charges or have your account suspended until the
next renewal term.
3.0 Enforcement
3.1 Investigation of Violations
We may investigate any reported or suspected violation of this agreement, its
policies or any complaints and take any action that it deems appropriate and
reasonable under the circumstance to protect its systems, facilities, customers
and/or third parties. We will not access or review the contents of any e-mail or
similar stored electronic communications except as required or permitted by
applicable law or legal process.
3.2 Actions
We reserve the right and have absolute discretion to restrict or remove from its
servers any content that violates this agreement or related policies or
guidelines, or is otherwise objectionable or potentially infringing on any third
party's rights or potentially in violation of any laws. If we become aware of
any possible violation by you of this agreement, any related policies or
guidelines, third party rights or laws, we may immediately take corrective
action, including, but not limited to, (a) issuing warnings, (b) suspending or
terminating the Service, (c) restricting or prohibiting any and all uses of
content hosted on our systems, and/or (d) disabling or removing any hypertext
links to third party web sites, any of your content distributed or made
available for distribution via the services, or other content not supplied by us
which, in our sole discretion, may violate or infringe any law or third-party
rights or which otherwise exposes or potentially exposes us to civil or criminal
liability or public ridicule. It is our policy to terminate repeat offenders.
Our right to take corrective action, however, does not obligate us to monitor or
exert editorial control over the information made available for distribution via
the services. If we take corrective action due to such possible violation, we
shall not be obligated to refund to you any fees paid in advance of such
corrective action.
3.3 Disclosure Rights
To comply with applicable laws and lawful governmental requests, to protect our
systems and customers, or to ensure the integrity and operation of our business
and systems, we may access and disclose any information it considers necessary
or appropriate, including, without limitation, user profile information (i.e.,
name, e-mail address, etc.), IP addressing and traffic information, usage
history, and content residing on our servers and systems. We also reserve the
right to report any activity that we suspect violates any law or regulation to
appropriate law enforcement officials, regulators, or other appropriate third
parties.
4.0 Intellectual Property Rights
4.1 Your License Grant to Us
You hereby grant to us a non-exclusive, worldwide, and royalty-free license for
the initial term and any renewal term to use your content as necessary for the
purposes of rendering and operating the services to you under this agreement.
You expressly (a) grant to us a license to cache materials distributed or made
available for distribution via the services, including content supplied by third
parties, and (b) agree that such caching is not an infringement of any of your
intellectual property rights or any third party's intellectual property rights.
4.2 Our Materials and Intellectual Property
All materials, including but not limited to any computer software (in object
code and source code form), data or information developed or provided by us or
our partners, affiliates, subsidiaries, suppliers or agents pursuant to this
agreement, and any know-how, methodologies, equipment, or processes used by us
to provide the services to you, including, without limitation, all copyrights,
trademarks, patents, trade secrets and other proprietary rights are and will
remain the sole and exclusive property of us or our partners, affiliates,
subsidiaries or suppliers, including but not limited to any software programs,
inventions, products and/or technology innovations and methodologies utilized,
developed, or disclosed by us during the term of this agreement. Unauthorized
copying, reverse engineering, decompiling, and creating derivative works based
on the any such software is expressly forbidden except as permitted in this
agreement. You may be held legally responsible for violation of any patent
rights, copyright or trade secret rights that is caused or encouraged by failure
to abide by the terms of this agreement.
4.3 Trademarks
You hereby grant to us a limited right to use your trademarks, if any, for the
limited purpose of permitting us to fulfil our duties under this agreement. This
is not a trademark license and no other rights relating to the trademarks are
granted by this agreement. Specifically, but without limitation, the rights
granted by this agreement do not include the right to sublicense use of your
trademarks or to use your trademarks with any other products or services outside
the scope of the services provided under this agreement. The limited trademark
use rights granted under this section terminate upon termination of this
agreement.
5.0 Warranty; Warranty Disclaimer
5.1 Customer and/or Third Party Acts
We are not responsible in any manner for any nonconforming services to the
extent caused by you or your customers. In addition, we are not responsible for
loss or corruption of data in transmission, or for failure to send or receive
data due to events beyond our reasonable control.
5.2 No Express or Implied Warranty
ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY US UNDER THIS AGREEMENT ARE
PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY FACT OR LAW, WHATSOEVER. YOU
ACKNOWLEDGE AND AGREE THAT WE EXERCISE NO CONTROL OVER, AND ACCEPTS NO
RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH OUR
COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. WE DO NOT
WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,
OR COMPLETELY SECURE, AND DO NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT,
COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER
THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF
PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE
OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED THIS AGREEMENT, WE DO NOT
MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY
REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE
SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES
WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT.
5.3 Your Warranties and Representations to Us
You warrant, represent, and covenant to us that (a) you are at least sixteen
(16) years of age or are a duly organized and validly existing entity; (b) you
possess the legal right and ability to enter into this agreement; (c) you will
use the Services only for lawful purposes and in accordance with this agreement
and all applicable policies and guidelines; (d) you will be financially
responsible for the use of your account; (e) you have acquired or will acquire
all authorization(s) necessary for hypertext links to third-party web sites or
other content; (f) you have verified or will verify the accuracy of materials
distributed or made available for distribution via the services, including,
without limitation, your content, descriptive claims, warranties, guarantees,
nature of business, and address where business is conducted, and (g) your
content and/or any software that you install or provide does not and will not
infringe or violate any right of any third party (including any intellectual
property rights) or violate any applicable law, regulation or ordinance.
6.0 Limitation and Exclusion of Liability
6.1 Limitations
IN THE EVENT WE SHALL HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED
ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO US,
DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. WE SHALL HAVE
NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF US TO YOU FOR ANY
REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID
TO US BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY
PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS,
AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY US UNDER THIS AGREEMENT HAVE
BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY,
YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS
STATED IN THIS SECTION 6.1 BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES,
OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
6.2 Interruption of Service
You hereby acknowledge and agree that we will not be liable for any delay,
outages or interruptions of the services. Further, we shall not be liable for
any delay or failure to perform our obligations under this agreement, where such
delay or failure results from any act of God or other cause beyond its
reasonable control (including, without limitation, any mechanical, electronic,
packet loss, server crashes, communications or third-party supplier failure).
6.3 Maintenance
You hereby acknowledge and agree that we reserve the right to temporarily
suspend services for the purposes of maintaining, repairing, or upgrading its
systems and network. We will use best efforts to notify you of pending
maintenance however at no time are we under any obligation to inform you of such
maintenance.
7.0 Indemnification
You will defend, indemnify and hold harmless us and our officers, directors,
consultants, employees, agents, affiliates and suppliers indemnities from any
and all threatened or actual claims, demands, causes of action, suits,
proceedings formal or informal losses, damages, fines, penalties, liabilities,
costs and expenses of any nature, including attorneys' fees and court costs,
sustained or incurred by or asserted against any indemnities by any person,
firm, corporation, governmental authority, partnership or other entity by reason
of or arising out of or relating to: (a) your violation or breach of any term,
condition, representation or warranty of this agreement or any applicable policy
or guideline; (b) your conduct, including but not limited to your negligence,
gross negligence, or wilful misconduct; (c) your use of the services, including
any improper or illegal uses; (d) any claim by a former employee of yours whose
employment has been or may be terminated in connection with or as a result of
the execution of this agreement and performance of the services by us; or (e)
any claim relating to your services or products, or your installation and/or use
of any third-party software, including but not limited to advertising, product
liability claims or infringement of any trademark, copyright, patent, trade
secrets or non-proprietary right of a third party (including, without
limitation, defamation, libel, or violation of privacy or publicity).
8.0 Miscellaneous
8.1 Confidentiality
The parties each agree that all confidential information (as defined below)
communicated to it by the other is done so in confidence and will be used only
for the purposes of this agreement and will not be used to compete with the
other party or disclosed to any third party without the prior written consent of
the other party except as permitted under this agreement. Confidential
information means all information in any form, including, without limitation,
printed or verbal communications and information stored in printed, optical or
electromagnetic format, which relates to the services; or computer, data
processing or electronic commerce programs and software; electronic data
processing applications, routines, subroutines, techniques or systems;
information which incorporates or is based upon proprietary information of
either party; or information concerning business or financial affairs, product
pricing, financial conditions or strategies, marketing, technical systems of
either party; or any information concerning customers or vendors of either
party; or any data exchange between a party and any customers or vendors.
Exceptions to confidential information include (a) information in the public
domain; (b) information developed independently by a party without reference to
information disclosed under this agreement; or (c) information received from a
third party without restriction and/or breach of this or a similar agreement. It
is not a violation of this provision to disclose confidential information in
compliance with any legal, accounting or regulatory requirement beyond the
control of either party or, but in such case, prior to disclosure, the
disclosing party shall give written notice to the other party to permit that
party an opportunity to challenge such disclosure. If either party is
subpoenaed, such party shall give written notice to the other party to permit
that party an opportunity to challenge the disclosure of confidential
information. Upon the termination of this agreement and upon written request of
the disclosing party, each party shall promptly return all confidential
information of the other Party. This provision shall survive the termination of
this agreement for two (2) years.
8.2 Notices
All notices, reports, requests, or other communications given pursuant to this
agreement shall be made in writing, shall be delivered by hand delivery,
overnight courier service, fax, or electronic mail, shall be deemed to have been
duly given when delivered.
8.3 Choice of Law and Forum
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE UNITED KINGDOM, WITHOUT
REFERENCE TO RULES GOVERNING CHOICE OF LAWS. EACH PARTY TO THIS AGREEMENT HEREBY
AGREES THAT ANY AND ALL LEGAL DISPUTES BETWEEN THE PARTIES SHALL BE SUBMITTED TO
BINDING ARBITRATION IN THE COUNTRY OF THE UNITED KINGDOM. FURTHER, ANY ACTION
RELATING TO THIS ENFORCEMENT OF THIS AGREEMENT SHALL BE BROUGHT IN THE UNITED
KINGDOM COURTS, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SAID COURTS.
WITH RESPECT TO BINDING ARBITRATION, THE PARTIES HEREBY AGREE TO MUTUALLY SELECT
AN ARBITRATOR, AND THAT SUCH ARBITRATION WILL BE CONDUCTED IN THE UNITED
KINGDOM. IF THE PARTIES DO NOT AGREE ON AN ARBITRATOR, THEN AN ARBITRATOR, WHO
IS A MEMBER OF THE BRITISH ARBITRATION ASSOCIATION, SHALL BE APPOINTED BY
JUDICATE WEST, TO CONDUCT SAID ARBITRATION, WITH SAID ARBITRATION BEING
CONDUCTED AT JUDICATE WEST IN WALES UNITED KINGDOM. EACH PARTY SHALL PAY 50%
(FIFTY PERCENT) OF ANY ADVANCE COST OF SAID ARBITRATION. HOWEVER, THE LOSING
PARTY SHALL BE RESPONSIBLE FOR THE ENTIRE COST OF SAID ARBITRATION, AND THE
LOSING PARTY SHALL PAY ANY ADVANCE FEES THAT WERE PAID BY THE WINNING PARTY FOR
THE ARBITRATION, AND ANY ADDITIONAL FEES THAT MAY BE OWED FOR SAID ARBITRATION.
THE PARTIES MAY STIPULATE TO THE MODIFICATION OF ANY OF THE TERMS OF THIS
CLAUSE, SO LONG AS SAID STIPULATION IS IN WRITING, AND SIGNED BY ALL PARTIES AND
THEIR ATTORNEY'S.
8.4 Entire Agreement
This agreement and all policies and guidelines incorporated in this agreement by
reference constitutes the entire agreement of the parties and may not be
modified or altered orally but only by an agreement in writing signed by both
parties.
8.5 No Fiduciary Relationship; No Third-Party Beneficiaries
We are not the agent, fiduciary, trustee or other representative of you. Nothing
expressed or mentioned in or implied from this agreement is intended or shall be
construed to give to any person other than the parties hereto any legal or
equitable right, remedy or claim under or in respect to this agreement. This
agreement and all of the representations, warranties, covenants, conditions and
provisions hereof are intended to be and are for the sole and exclusive benefit
of the parties hereto.
8.6 Assignments
You may not transfer or assign your rights, duties, or obligations under this
agreement without our prior written consent. We may assign its rights and
obligations under this agreement and may utilize affiliate and/or agents in
performing its duties and exercising its rights under this agreement, without
your consent. Subject to that restriction, this agreement will be binding on,
inure to the benefit of, and be enforceable against the parties and their
respective successors and assignees.
8.7 No Waiver
Our failure to enforce the strict performance of any provision of this agreement
will not constitute a waiver of our right to subsequently enforce such provision
or any other provisions under this agreement.
8.8 Severability
If any provision of this agreement is deemed illegal, invalid, void or otherwise
unenforceable in whole or in part, that provision shall be severed or shall be
enforced only to the extent legally permitted, and the remainder of the
provision and the agreement shall remain in full force and effect. If any
provision of this agreement is deemed to be invalid, void or unenforceable only
with respect to a particular application, such term or provision shall remain in
full force and effect with respect to all other applications.
8.9 Survival
All provisions of this agreement relating to your warranties, intellectual
property rights, limitation and exclusion of liability, your indemnification
obligations and payment obligations shall survive the termination or expiration
of this agreement.
9.0 Dedicated Servers
9.0 Dedicated Server Amendments
Clients renting dedicated servers are bound to all the policies above 1.0 - 10.0
with the following amendments:
-
Policy 1.4 Charges - The client will be charged £1.00 GBP for every 1 GB over
their set bandwidth quota.
- Policy
1.5 Payment - The client is required to pay the full price including setup fees
before the server is setup. If a payment is not made within 3 days of the due
date, the clients server will be unplugged.
- Policy 1.6 Refund Policy - Unless the server has been paid for and not
received within 1 week, the client is in no way liable for any type of refund.
We are in no way responsible for network availability or server downtime.
- Policy 2.3 Bandwidth and Storage Usage - The client has a set collective
server bandwidth limit as judged by the datacenter's RTG graphs. Any client
whose server exceeds this limit will be liable for charges as described in
policy 9.0 / 1.4 amendment.
- Policy
6.2 Interruption of Service - We are in no way responsible for the interruption
of service with a clients server.
9.1 Dedicated Server Support
For clients renting dedicated servers we only provide basic level support for
reboots, Reverse DNS and other datacenter operations. 2nd Level Support is
available at a cost of £8.00 GBP/hour for a maximum period of 1 hour. This fee
is non refundable or negotiable based on the clients individual needs.
10.0 Modification
We reserve the right to add, delete, or modify any provision of our terms and
condition, and acceptable usage policy at any time without notice.