All Users of services provided by IPBmultimedia, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services. Payment for services assumes that you have read these terms and agree to abide by them.
NOTE: Pornography and sex-related merchandising are PROHIBITED on any IPBmultimedia server.
NOTE: Spamming, or the sending of unsolicited email, from a IPBmultimedia server or using an email address that is maintained on a IPBmultimedia machine is STRICTLY PROHIBITED.
This Agreement is made between IPBmultimedia, and the User
"Services" means domain name registration, web site hosting, email and any other service or facility provided by us to you. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.
2.1 We make no representation that the domain
name you wish to register is capable of being registered by or for you or that
it will be registered in your name. You should therefore not assume registration
of your requested domain name(s) until you have been notified that it has or
they have
been registered. It is your (The Customer's) Responsibility to check the
registration status of a domain name. This can be checked by search facilities
free of charge. Any action taken by you before such name status check is at your
risk;
2.2 The registration and use of your domain name
is subject to the terms and conditions of use applied by the relevant naming
authority; you shall ensure that you are aware of those terms and conditions and
that you comply with them. You shall have no right to bring any claim against us
in
respect of refusal to register a domain name. Any administration charge paid by
you to us shall be non-refundable notwithstanding refusal by the naming
authority to register your desired name;
2.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute;
2.4 We shall not release / transfer any domain name unless the Company / Person (s) concerned have cleared any outstanding account with IPBmultimedia. This does not include payments not yet due on any credit facility IPBmultimedia may give subject to status.
3.1. 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;
3.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server;
3.3 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;
3.3.1 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;
3.3.2 you will not post, link to or transmit
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
(b) any material containing a virus or other hostile computer program;
(c) any material which constitutes, or encourages the commission of, a criminal offence 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;
3.3 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;
3.4 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;
3.5 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner;
3.6 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;
3.7 Any access to other networks connected to IPBmultimedia must comply with the rules appropriate for those other networks.
3.8 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 mis-routing of email or for any other failure of email;
3.9 Any systems that are used in connection to hosting package (i.e template systems, calendars, web statistics etc) are used under license and are not to be copied, distributed or reused without written consent from an authorized employee of IPBmultimedia. Content and data held in any system provided by IPBmultimedia will be provided if appropriate, however, there may be a charge for any time incurred in retrieving said data.
4.1 If you are or become a reseller of our Services you will continue to be bound by these terms and conditions; you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these;
4.2 You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us;
4.3 No default by your customers shall in any way affect, modify or limit your obligations under this Agreement;
5.1 We shall use our reasonable endeavours 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;
5.2 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 30 days you will be notified of the reason;
5.3 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 sub clause, we shall have the right to cancel the
account and terminate the Services and/or this Agreement immediately;
5.4 All Telephone calls may be recorded for both training and security reasons.
If you are unhappy with this please make you feelings clear at the beginning of
the call.
6.1 All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25;
6.2 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. Charges are exclusive of 'Value Added Tax' which shall be
paid additionally by you at the rate prescribed by law on submission by us of a
proper VAT invoice;
6.3 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;
6.4 You may be liable for a reconnection charge of £55 GBP if your website is disconnected due to late payment or renewal.
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name;
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement;
Without in any way limiting our rights under sub clause 5.3
9.1 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;
9.2 if you break any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, we may terminate this Agreement forthwith upon written notice;
9.3 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 terminate this Agreement forthwith without notice to you;
9.4 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. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit;
10.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause 10.2;
10.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence;
10.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim;
10.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising;
10.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever;
Any notice to be given by either party to the
other may be sent by either email, fax or recorded delivery to the address of
the other party as appearing in this Agreement or ancillary application forms or
such other address as such party may from time to time have communicated to the
other in writing, and if sent by email shall unless the contrary is proved be
deemed to be received on the day it was sent or if sent by fax shall be deemed
to be served on receipt of an error free transmission report, or if
sent by recorded delivery shall be deemed to be served two days following the
date of posting;
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
These terms and conditions together with any
documents expressly referred to in them, contain the entire Agreement between us
relating to the subject matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral: between us in relation
to such
matters No oral explanation or oral information given by any party shall alter
the interpretation of these terms and conditions. In agreeing to these terms and
conditions, you have not relied on any representation other than those expressly
stated in these terms and conditions and you agree that you
shall have no remedy in respect of any misrepresentation which has not been made
expressly in this Agreement
By paying for the Service you agree to be bound by these conditions.