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Terms Of Service
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The Parties
- DataSnake Limited, whose registered office is at
37 Sheppard Street, Stoke-on-Trent ST4 5AE ("the Company")
- ("the Client")
Recitals
The Company is engaged in the business of providing internet services,
including the supply of web site hosting.
The Client wishes to use these Services, and the Company agrees to provide
Services to the Client on the following terms and conditions:
Definitions
- "Agreement" means this Agreement between the Company and Client
- "Bandwidth" means the allocated transmission capacity specified in this
Agreement
- "Charges" means those charges set out in this Agreement
- "Server" means the computer equipment operated by the Company
in connection with the provision of the Services
- "Service" or "Services" means the service or services respectively
set out in this agreement
- "Web site" means the area on the Server allocated by the Company for the
Client's use as a site on the Internet
Terms and Conditions
- The Client is responsible for the actions of any third-party to
whom they allow access to the Service
- All data stored or transmitted must be legal under all applicable UK
laws. The Client is solely responsible for determining the legality
of their data, which is stored or transmitted within and outside the UK.
- Should the Client become the target of a network attack,
we reserve the right to take any necessary actions (including, but not
limited to, temporary suspension of the Client's account) required
to return server or network operation to normal.
- We will use our best efforts to maintain, but do not guarantee, the
privacy of email, network use, and the contents of user directories.
- Any use which interferes with the server's ability to function in
its primary purpose of publishing web documents is prohibited.
- Mail abuse (including, but not limited to, mass mailing unsolicited
email and email forgery) and usenet news abuse (including, but not limited
to, mass crossposting articles and posting unrelated to group topics),
whether direct or indirect, whether used externally to promote a site hosted
on the Server or sent via the Server, is prohibited.
- Use of the Services to provide software or lists for mass mailing
unsolicited email is prohibited.
- Use of the Services to commit network abuse (including, but not
limited to, denial of service attacks such as ping bombing, email bombing,
"smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromise the
security of hosts or networks is prohibited.
- The Client will indemnify and hold harmless the Company
against any loss, damage, cost and expense which we may incur or become
liable for by reason of claims or actions for libel, violation of privacy
rights, plagiarism, copyright infringement, and claims arising in connection
with data transmitted pursuant to the terms and provisions of this agreement
and any claims or suits resulting from the Client's use of the
service including, without limitation, the expense and cost of defending
any and all such claims and actions, except where such claims result solely
from the negligence of our failure to perform its obligations under this
agreement.
- If we are informed of an alleged copyright or trademark infringement
involving a Client's Services, we will attempt to notify the Client of those
allegations and secure a response. We may, in our sole discretion, remove
or terminate the Services containing, on a temporary or permanent basis,
materials which we believe may create, constitute, or contribute to
copyright or trademark infringements. Client expressly waives
the right to assert any claims against us for any such removal or termination.
- Accounts may be invoiced on a monthly or annual basis. Payment is due
upon receipt of each invoice. Overdue accounts may be terminated or
suspended at the discretion of the Company.
- Additional Charges due to Bandwidth use in excess of that specified in
this agreement will be invoiced on a monthly basis for immediate payment.
- We may terminate Services to the Client at any time, without notice,
for violation of this agreement. We will not be liable for any damages
or harm to the Client resulting from such termination.
- We may terminate Services to the Client at any time, giving 28 days
notice to the termination date. A refund covering any remaining period of
paid-up hosting charges will be made. We will not be held responsible for
any other charges directly, indirectly or otherwise due as a result of
suspension of Services.
- The Client may terminate their account at any time after the minimum
Term, giving 28 days notice to the termination date. The minimum Term for
is 3 months for Virtual Hosting accounts and Colocation and one year for
Dedicated Server hosting. The request to terminate the account must be in
writing. The account holder may send cancellation request via an email message
to billing@datasnake.co.uk, by postal mail or by fax.
- Use of the Services indicates acceptance of the Agreement by
the Client.
- Use of the Services, including the storage of information, is at the
Client's sole risk. We will endevour to provide safe secure backup
services for all stored information, but this is not a guarantee, and the
Client should insure themselves against any such loss.
- We will refund to the Client the daily cost of the appropriate
hosting charge where the Services are unavailable for more than 0.1%
of any calendar month, as set out in the
Service Level Agreement. Such refund will be given as
credit against the Client's account. We will not be liable for other
consequential, direct, indirect, incidental, or special damages arising out of
the use of, or loss of Services.
- We may temporarily suspend for the purpose of repair,
maintenance or improvement, part or all of the Services, generally without
notice. We undertake to use reasonable endeavours to inform Clients of future Service changes and/or downtime and to restore Services as soon
as practical after any such suspension. Necessary suspension
of Services does not indemnify refunds under the loss of Services provision
above.
- We may vary the technical specification of Service for operational reasons.
Last update: 11 July 2002
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