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Web Site Hosting And Email |
1.1.
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.
1.2.
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.
1.2.1. 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 authorise or permit any other
person to do so.
1.2.2.
you will not upload, 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.
(d)
any material which is forbidden by our acceptable use policy
which is published at
http://fornixhost.co.uk/usepolicy.html
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1.2.3.
you will not send bulk email whether opt-in or otherwise from
our network. Nor will you promote a site hosted on our network
using bulk email.
1.2.4.
you will not employ programs which consume excessive system
resources, including but not limited to processor cycles and
memory.
1.2.5.
any file you store on the Server will be reachable via a hyperlink
from a page on your site.
1.3.
We reserve the right to remove any material which we deem
inappropriate from your Web Site without notice to you.
1.4.
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 unauthorised
use of your account or breach of security, including loss,
theft or unauthorised disclosure of your password or other
security information.
1.5.
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.
1.6.
You shall procure that all mail is sent in accordance with
applicable legislation (including data protection legislation)
and in a secure manner.
1.9.
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.
1.10
Any access to other networks connected to fornixhost must
comply with the rules appropriate for those other networks.
1.11.
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 unauthorised users or hackers
and we shall be under no liability for non-receipt or misrouting
of email or for any other failure of email.
1.12.
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
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2.
Domain Name Registration
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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.
Any action taken by you before such notification 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 Registry;
you shall ensure that you are aware of those terms and conditions
and that you comply with them.
2.3.
You shall have no right to bring any claim against us in respect
of refusal to register a domain name.
2.4.
Any administration charge paid by you to us shall be nonrefundable
notwithstanding refusal by the Registry to register your desired
name.
2.5.
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 Registry but will not be obliged to take part
in any such dispute.
2.6.
We shall not release any domain to another provider unless
full payment for that domain has been received by us.
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3.
Termination And Refunds
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3.1
We shall be entitled to suspend the Services and/or terminate
this Agreement forthwith without notice to you If you:
3.1.1.
fail to pay any sums due to us as they fall due.
3.1.2.
break any of these terms and conditions.
3.1.3.
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.
3.2. No refunds will be made under any circumstances.
3.3.
We
reserve the right to suspend the Services and/or terminate
this Agreement at any time. In the event of this You will
be entitled to a pro rata refund based upon the remaining
period of prepayment.
3.4.
You may cancel the Services at any time. To do so you
must request cancellation of the Services in writing including
your account username and password. We will cancel the Services
within 2 working days of receipt of your request.
3.5.
During
the first 7 days of Services, You are entitled to a refund
of the basic hosting plan rental fee should You decide to
cancel the Services. No full refunds or pro rata refunds will
be made after the first 7 days of service should You decide
to cancel the Services.
3.5.1.
Domain name registration fees, charges for additional
data transfer and charges for optional extras added to your
account are not refundable on this basis.
3.5.2.
You will not be entitled to a refund on this basis if you
have previously held an account with Fornixhost.
3.6. Where payment has been made by credit or debit card,
any refund will only be issued to the same credit or debit
card.
3.7.
On
termination of this Agreement or suspension of the Services
we shall be entitled immediately to stop access to your Web
Site and to remove all data located on the Server.
4.1.
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.
5.1.
Headings are included in this Agreement for convenience only
and shall not affect the construction or interpretation of
this Agreement.
6.1.
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.
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