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Terms & Conditions
 

1. Definitions and Interpretations

 

1.1 In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:-

Acceptable Use Policy

the acceptable use policy from time to time issued by the Company (a current copy of which is attached hereto);
Business Day
a day (other than a Saturday or Sunday) on which the clearing banks are open for business in the City of London;
Client
the person(s) firm or Company whose details are set out in the Schedule hereto;
Commencement Date
the earlier of the date specified in the Schedule or on which the Company makes the Client's Web Site available to third parties via the Internet;
Company
Medusa Red Limited;
Fees
the fees set out in the Schedule for the provision of the Services, together with any other charges made pursuant to these Conditions;
Server
any server owned or operated by the Company;
Services
the provision by the Company to the Client with the Web Space on one of its Server to store the Client's Web Site including the installation of the Client's Web Site on the Company's Server specified in the Schedule together with any other service option details of which are set out in the Schedule;
Term
the period set out in the Schedule (subject to a minimum period of three months) from and including the Commencement Date renewable automatically for similar periods unless and until terminated in accordance with these Conditions;
Web Site
a site at which text, graphics, data, files and information are stored electronically and access to which is made available to third parties via the Internet;
Web Space
the agreed amount of space including an allocation of storage space on a web server and a bandwidth allocation to be provided by the Company on its Server to the Client for the Client's Web Site as set out in the Schedule;

 

Unless the context otherwise requires references to clauses and Schedules shall be construed as references to clauses and Schedules of these Conditions. Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.

 

2. Company Services

In consideration of the Client paying to the Company the Fees in accordance with the provisions of Clause 5 and the Schedule to these Conditions the Company shall provide Services to the Client.

3. Clients' Obligations

 

3.1 The Client is responsible in all respects for the content of its Web Site and the hereby undertakes that the Web Site pages do not and will not violate any applicable law and that it shall at all times comply with the Acceptable Use Policy, the provisions of which are hereby incorporated into these Conditions as if the same were set out herein in extenso.

3.2 The Client shall obtain and be responsible for obtaining and complying with all necessary legal permission for any works it includes on the pages of its Web Site;

3.3 The Client shall provide the Company with material and data in such form as shall be requested by the Company failing which the Company shall be entitled to make such charges as it may deem necessary to recoup its expenses in conversion to or use of other software so as to be able to host the Client's Web Site. Any web page of the Client liable to offend or containing links to adult material must display on any path of links from the index page of any directory to such material, so that anyone following such a path will receive a clear warning before the material is displayed as to the nature of its contents.

3.4 The Client is responsible for backup of its own files as the Company does not offer recovery facilities as a service to the Client. Backup facilities are provided on all hosting packages provided by the Company.

3.5 Upon registration, the Client shall provide the Company with an up to date administration address and an address and contact authorised to accept service of proceedings on its behalf and shall inform the Company immediately of any changes to such addresses or contacts.

 

4. Company's Rights and Obligations

 

4.1 The Company shall use reasonable endeavours to perform the Services and shall as soon as reasonably practicable on or after the Commencement Date provide the Client with a user identification and password for the Web Space for administration purposes. The Company accepts no liability in respect of any loss incurred as a result of disclosure of the Clients' password.

4.2 The Company gives no warranty that access to its Server and the Client's Web Site shall be uninterrupted or error-free.

4.3 Subject to the Client paying the Fees the Company shall supply to the Client on a regular basis a statement of access and usage of the Client's Web Site during the preceding period provided that such report shall be in such form as the Company shall decide and that the Company shall not be responsible for the accuracy of the information relating to such access and usage nor for any failure of any counters to accurately record such information or be reset.

4.4 The Company (in its absolute discretion) shall be entitled in the event that access to the Client's Web Site exceeds the permitted bandwidth or storage allocation (forming part of the Web Site) as provided in the Schedule to: suspend access to the Client's Web Site;move the Web Site to a high performance service or require the Client to move its Web Site to another server; and/or increase its charges to the Client to take account of the additional bandwidth being used.

4.5 Notwithstanding any other provision the Company shall be entitled without notice at any time to change the bandwidth or storage allocation and to make any changes to the Services which are necessary to comply with any applicable safety, security or other statutory requirements, or which do not materially affect the nature or quality of the Services.

4.6 The company reserves the right to modify the users site, suspend or terminate the contract if in the companies opinion the service or services are being used in contradiction of any UK laws. The company also reserves the right to suspend services to any Client, who's use of the service affects or is likely to affect other Clients, the server or the network.

 

5. Financial Provisions

 

5.1 The Client shall pay to the Company the Fees on the basis specified in the Schedule. The Company in its sole discretion shall be entitled to charge such additional fees as a result of the Client's instructions or lack of instructions or information or any cause attributable to the Client.

5.2 If payment is not made on the due date, the Company shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount both before and after any judgement at an annual rate of 3 per cent above the base rate of Lloyds Bank plc from time to time and such interest shall accrue from the due date until the outstanding amount is paid in full.

5.3 The Company shall be entitled to review the Fees and shall notify the Client in writing of any increase or decrease in such fees and such increase or decrease shall take effect from the date specified in such notification.

5.4 You acknowledge that the Company will bill your credit card prior to the Payment Interval you have chosen. The Client authorises automatic billing by the Company on an on-going basis during the term of this Agreement.

5.5 The fees for domain registration services provided by the Company are non-refundable once a domain name has been registered or renewed by the Company on your behalf.

 

6. Domain Name

 

6.1 In the event that the Client contracts for domain name registration services the Company shall endeavour to procure the registration of such domain name as the Client may request as set out in the Schedule or as advised to the Company in writing by the Client. However, the Company shall not be liable in the event that such requested domain name is not registerable or in the event that the relevant domain name regulatory authority suspends or revokes any registration of such domain name. The Company shall not act as agent for or on behalf of the Client in any dealings with regulatory authorities.

The Client shall also be subject to the applicable registration agreement(s) below:

.com domain registrations - click here to view agreement

.net domain registrations - click here to view agreement

.org domain registrations - click here to view agreement

.biz domain registrations - click here to view agreement

.info domain registrations - click here to view agreement

.name domain registrations - click here to view agreement

.uk domain registrations - click here to view agreement

Registration of a domain name requires us to give your details to the registrars responsible for your domain, by placing an order with us you accept this and give the company explicit permission to use those details in pursuance of that registration.

6.2 The company will not accept responsibility for a domain name registered with another company, registrar or organisation until the transfer of that domain name to the registrar the company nominates has been completed and The Company has full control. Prior to the transfer in of a domain to our control authorisation must be received from a representative of the company. Upon completion the client agrees to notify The Company that the process has been completed. Until this final notification has been received The company will not accept any responsibility for the domain, including but not limited to management, renewal process or record maintenance.

 

7. Company's Remedies

In the event that the Client's Web Site is in breach of the Acceptable Use Policy or the Company for whatever reason decides it is necessary or in its best interests to do so (including if the Client is in breach of its obligations or fails to pay the Fees) the Company shall be entitled to:-suspend or bar access to the Client's Web Site for such period as it shall consider fit; remove all or any part of the Client's Web Site from the Company's Server; and/or delete all or any data, files or other information that is stored on the Server on which the Client's Web Site is stored; and the Company reserves the right (in its sole discretion) to suspend use by Client of any CGI-bin that may have a detrimental effect on the CGI Server without prior notice.

8. Warranties and Liabilities

 

8.1 The Company does not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise of any goods or other services supplied by a third party, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods or services to the Company.

8.2 The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any exercise of the Company's rights or remedies under these Conditions including without limitation the suspension of access to the Client's Web Site or deletion, corruption, loss or removal of data, file or material stored on the Client's Web Site or removal of the Client's Web Site from the Server or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.

8.3 Except as expressly provided in these Conditions, the Company shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the Services hereunder or their use by the Client, and the entire liability of the Company under these Conditions shall not exceed the proportionate amount of the Fees.

 

9. Termination

 

9.1 These Conditions shall continue in force for the Term Provided always that the Client shall be entitled to terminate these Conditions at any time after the minimum period of three months of the Term by giving to the Company not less than 14 days' written notice of termination. If after the required 14 days notice of cancellation, part of the current Payment Interval remains, no refund will be given for the remainder of such period. The written cancellation request from the Client must include the Client's Order ID, domain name, password, and reason for cancellation before the Company will accept the request as a verified cancellation request. The effective date of cancellation is the date on which the Client submits the cancellation request to the Company, provided it is verifiably legitimate.

9.2 Notwithstanding the provisions of clause 9.1, either party shall be entitled forthwith to terminate these Conditions by written notice to the other if :-

 

9.2.1 that other party commits any breach of any of the provisions of these Conditions and, in the case of a breach capable of remedy, fails to remedy the same within thirty days after receipt of a written notice giving particulars of the breach requiring to be remedied;

9.2.2 an encumbrancer takes possession or a receiver is appointed over any of the property or assets of that other party; that other party makes any voluntary arrangement with its creditors or becomes subject to an administration order; that other party goes into liquidation or becomes bankrupt; the other party ceases or threatens to cease to carry on business; or

9.2.3 anything analogous to any of the foregoing under the law of any applicable jurisdiction occurs in relation to that other party; or

 

9.3 Upon termination of these Conditions for whatever reason, the Company shall delete the Client's Web Site from its Server without any liability whatsoever.

9.4 Termination of these Conditions shall be without prejudice to any other rights or remedies a party may be entitled to thereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision on or after such termination. Subject to the foregoing, neither party shall thereafter have any further obligation to the other under these Conditions;

9.5 Upon termination of these Conditions for whatever reason all due or outstanding fees and expenses owed by the Client to the Company shall forthwith become due and payable.

 

10. Refund

 

10.1 If the Client is unhappy with the hosting service provided by the Company, the Client may cancel the hosting account and request a full refund of the hosting fees paid, providing that the Client request such refund within 30 days of the date on which the account was created on the Servers. The Company will cancel the Services and refund in full all hosting fees paid by the Client for such Services, subject to the remainder of this Clause 10, within 7 days of receiving the cancellation request.

10.2 If the Client repeatedly purchases and cancels the Service under Clause 10.1, the Client will be disqualified from receiving any further refunds.

10.3 No refunds will be given to Clients who have breached this Agreement or the Acceptable Uses. Fees incurred due to misuse of the Servers will not be refunded.

 

11. Miscellaneous

 

11.1 These Conditions constitute the entire agreement between the parties as to the subject matter of these Conditions and supersedes all prior oral or written agreements, understandings or arrangements between them relating to the provision of the Services.

11.2 The Company shall not be liable to the Client for any loss arising from or in connection with any representations or undertakings made prior to the Commencement Date other than those confirmed by a duly authorised director of the Company in writing and expressly incorporated or referred to in these Conditions.

11.3 If any provision of these Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of these Conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.

11.4 The Client shall not be entitled to assign these Conditions nor all or any of its or their rights and obligations hereunder without the prior written consent of the Company.

11.5 The waiver by either party of a breach or default of any of the provisions of these Conditions by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

11.6 In the event of there being a conflict between the terms of these Conditions and the terms of the Acceptable Use Policy shall apply.

 

12. Notice

All communications between the parties with respect to these Conditions shall be delivered by hand or sent by first-class post (or if the recipient is in another country by prepaid airmail) to the relevant address(es) stated in these Conditions or to such other address as the addressee may from time to time have notified for such purpose, or sent by facsimile transmission or electronic mail (with confirmation by letter posted first-class within 24 hours). Communications shall be deemed to have been received within two Business Days (if sent by first-class post) or seven Business Days (if sent by prepaid airmail) after posting exclusive of the day of posting.

13. Indemnity

The Client hereby undertakes that it will, without prejudice to any other right of action which the Company may have, at all times keep the Company fully and effectively indemnified against any liability (which liability shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal and other fees and expenses on a full indemnity basis) which the Company may suffer or incur as a result of, or by reason of, any breach or non-fulfilment of any of the Client s obligations under these Conditions, any breach of third party intellectual property rights or the use of the Services.

14. Governing law and jurisdiction

These Conditions shall be governed by and construed in accordance with the laws of England. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts.

15. Acceptable Uses

 

15.1 Use and Misuse of the Services.

 

15.1.1 All complaints of abuse, violation and misuse of the Services, whether described in this Section 15 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please contact us.

15.1.2 You are responsible for all use of your website, with or without your knowledge or consent.

15.1.3 You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorisation to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating export restrictions; stalking; or violating other applicable law. Linking to illegal material is also prohibited.

15.1.4 When the Company becomes aware of possible violations of this Agreement, the Company may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on the Server. The Company, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Conditions could subject you to criminal or civil liability.

 

15.2 Use and Misuse of Materials.

 

15.2.1 Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.

15.2.2 You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorisation. You may not post, upload or otherwise distribute copyrighted material on the Servers without the consent of the copyright holder.

15.2.3 Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.

15.2.4 The Company supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, the Company will not substitute itself for a court of law in deciding tort claims raised by the third party.

 

15.3 Email Use.

 

15.3.1 Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by the Company by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behaviour, the Services will be terminated.

15.3.2 You should not send email to any user who does not wish to receive it, either at the Company or elsewhere. The Company recognise that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.

15.3.3 You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. The Company may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.

15.3.4 Violations of the Company policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that the Company resources are affected, the Company staff may shut down your mailbox.

 

15.4 System Security.

 

15.4.1 You are prohibited from utilising the Services to compromise the security of system resources or accounts on the Servers or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

15.4.2 If you are involved in violations of system security, the Company reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. The Company will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

 

15.5 System Resources.

 

15.5.1 System abuse includes any use of resources that disrupts the normal use of the Servers or Services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.

15.5.2 Any usage of 10% or more of system resources is an undue burden on the system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.

15.5.3 Further, running programs in the background on the Servers without the Company's prior written authorisation, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of the Servers.

 
 
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