Terms & Conditions

Terms & Conditions

Details

Category: Terms & Conditions

This agreement represents the complete agreement and understanding between the Provider and Customer and supersedes any other written or oral agreement. The Customer acknowledges acceptance of the terms of this Agreement by logging into or commencing use of the Service or by accessing secure areas defined as the Service in this Agreement.

1. DEFINITIONS

   In this Agreement the following definitions are being used, singular as well as plural and in any gender.

   • Adult Material: includes all pornographic or erotic images, child pornography or other such lewd or obscene content or speech or subject matter making reference to such material. The designation of such ?adult material? is left entirely to the discretion of the Provider.

   • Agreement: these general terms and conditions, irrespective of the form or method in which these general terms and conditions are presented or delivered to the Customer.

   • Bandwidth: the applicable amount of data transmitted or received by the Provider in a given amount of time and attributable to the Services of the Customer.

   • Customer: the party either acting in the course of a business or profession or as a private person, to whom the offer of the Provider is submitted, or with whom Provider has entered into an agreement or on behalf of whom the juristic act based upon which the Products or Services will be delivered to or executed.

   • Products: all movable assets which are subject to any offer, proposal, agreement or any other contract or juristic act between the Provider and the Customer.

   • Provider or we: the private limited liability company Web Solution Providers Limited incorporated with the UK Registrar of Companies under company number 07141420 in England & Wales, having its registered offices in London, UK and trading as host-junction.com, or such other top level domain variants, for the purposes of this Agreement.

   • Provider's Network: the computer or such other network made available to the Customer by the Provider, or made available to the Customer on behalf of the Provider, including but not limited to any Resource on said network or for the purposes of connecting to said network.

   • Registrant: means the person or organisation purchasing a domain name.

   • Registrar: means the person or entity that contracts with the domain name holder and Registry Administrator, collects registration data about the domain name holder and submits zone file information for entry in the Registry database.

   • Registry Administrator: means the Top Level Domain Authority administering the domain names purchased by the Registrant.

   • Resource: any device, service or facility made available by the Provider to the Customer or available generally and which the Customer by virtue of the Services has access to either directly or indirectly through the Services including, but not limited to, any web server, web service, email server, email service, or application server.

   • Server: the computer server of the Provider or of other parties acting on behalf and in contract with the Provider on or using which the Services are provided.

   • Services: all activities which are subject to any offer, proposal, agreement or any other contract or juristic act between the Provider and the Customer.

   • Site: means the Internet web site at www.host-junction.com, or such other top level top level domain variants, owned and operated by the Provider.

   • Storage Space: such space made available by the Provider or on behalf of the Provider and defined by this Agreement for the exclusive use of the Customer.

   • Warning: any warning given by the Provider indicating a violation of this Agreement, either in whole or in part, in the use of the Services.

2. ACCEPTABLE USE

   This Service may be used, commercially or otherwise, only for lawful purposes by the Customer and shall not be resold or given away to other parties without the prior written permission of the Provider nor be used for any Prohibited Activities as defined herein. Customer shall be fully and solely responsible for the correct control and protection of usernames and passwords giving access to the Service and take reasonable precautions to ensure that such information is not made available to another party. Provider retains the right to verify content and use of the Service to ensure compliance with this Agreement at such times and in such manner as the Provider may choose. Customer warrants that it will maintain its use of the Service within the applicable limits of Bandwidth and Storage Space allocated for the Service. If Customers Bandwidth or Storage Space exceeds that available or permitted by ten percent (10%) or more during the given term then the Customer will be put on Warning. Should further Warnings be issued in subsequent given terms then the Provider reserves the right to place an additional charge on the account of the Customer.

3. DOMAIN NAME REGISTRATION

   The following shall apply where the Services include or consist of domain name registration services:

   1. The Customer acknowledges that, whilst the Provider shall use its reasonable endeavours to successfully register the requested domain name, the Provider shall not be obliged to accept any request to register or continue to process any registration of a domain name.

   2. The obligations of the Provider in relation to domain name registration shall be limited to forwarding the application to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application within a reasonable period after communication from the authority. Provider will use reasonable endeavours to notify you of any renewal dates however the Provider accepts no liability for any use or retention of any domain name which is registered.

   3. Provider makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of successful registration of any domain name.

   4. The Customer shall check the domain name as reported on any of the Provider's documents sent to the Customer, such as the invoice, customer information sheet or otherwise, is spelt correctly. In the event of any error, the Customer should notify the Company promptly and in any event within twenty four (24) hours of receiving such document.

   5. The Customer shall at all times comply with the terms and conditions (from time to time subsisting) for the registration of domain names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the Customer may become subject as a result of services provided by the Provider.

   6. Provider may from time to time change the registrar that a domain is held with. The Customer agrees to allow the Provider to do so as it sees fit and without notice.

4. PROHIBITED ACTIVITIES

   Engaging in the following activities will be deemed as a violation of the Provider's policy and this Agreement;

   1. Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet or using a third party to advertise by way of spamming a site or service provided to the Customer by the Provider.

   2. Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including but not limited to copyrights, trademarks, and patents held by other legal persons. Engaging in activity that violates privacy, publicity, or other personal rights of others. Provider is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement.

   3. Mailing Lists -- Using the Provider's Network or Resources to broadcast unsolicited or solicited bulk email messages where such lists consist of a subscriber count in excess of one thousand (1000) separate recipients, or where the frequency of such broadcasts exceed one email sent per second. Where the Customer wishes to broadcast to such a list, such facilities will be made available by the Provider at additional cost.

   4. Adult Materials -- Using the Provider's network to advertise, transmit, store, post, display, or otherwise make available such material. Provider is required by law to notify law enforcement agencies when it becomes aware of the presence or transmission of material of an inappropriate Adult nature.

   5. Defamatory or Abusive Language -- Using the Provider's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

   6. Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

   7. Unauthorised Access to Other Computers or Networks -- Accessing illegally or without authorisation computers, accounts, or networks belonging to another party, or attempting to penetrate the security measures of that party or conducting an activity that might be used as a precursor to an attempted system penetration.

   8. Distribution of Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, denial of service attacks or other such destructive activities and activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

   9. Server Processes / Scripts -- The execution of certain server processes or scripts, such as IRC bots or other such similar routines, that may or may not jeopardise server performance or Resources available to other customers. Any server process or script used on the site must be designed to produce web-based content only and not to use the server as an application server for example to generate large volumes of email from a database or mailing list.

   10. Other Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available pyramid schemes, fraudulently charging credit cards, and pirating software. Engaging in activities, whether lawful or unlawful, that the Provider determines to be harmful to its subscribers, operations, reputation, goodwill, or Customer relations.

5. OBLIGATIONS OF THE CUSTOMER

   In addition to agreeing to that defined as Acceptable Use and Prohibited Activities, the Customer also agrees that it shall immediately notify the Provider if it becomes aware of any unauthorised use of all or any of the Services. Customer further agrees that all material or data passed through or stored on any of the Services is checked for viruses and/or any harmful code that may have a detrimental effect on the equipment or resources providing the Services and that it shall comply with any data protection legislation applicable to the storage or use of such material or data. Customer acknowledges to keep suitable backups of all material or data stored on any of the Services. Customer also acknowledges that it has a basic understanding of the Internet, how it functions and the netiquette associated with its use and that the Provider shall have no obligation to manipulate any material or data utilised by the Customer. Customer has no authority, apparent or otherwise, to contract for, or on behalf of the Provider, or in any other way legally bind the Provider in any fashion, nor shall Customer be authorised to make an representations about the Provider or its services other than to reiterate to its customers or associates responsibilities as outlined in this Agreement.

6. DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY AND OBLIGATION

   Provider makes absolutely no warranties whatsoever, expressed or implied, for the service it is providing. Provider also disclaims any warranty of merchantability or fitness for a particular purpose. Provider shall not be liable to Customer or any of its customers or associates for any claims or damages which may be suffered by Customer or its customers or associates, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of the Provider. Provider specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby. Provider retains the right to appoint, in its absolute discretion, such other legal person and utilise the services of such in the provision of Service to the Customer.

7. INDEMNITY

   Customer agrees to indemnify and hold harmless the Provider from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by Customer or the usage by persons associated or authorised by the Customer. The use of any data or information received by Customer or its customers or associates from the utilisation of the service to be provided by the Provider is at Customer and its customer's sole and absolute risk.

8. PAYMENT AND TERMS

   The Services will be provided on a subscription basis, the fees and prices of which shall be invoiced or billed in advance and are exclusive of any value-added tax or any other taxes or government levies, as well as costs for transport and delivery, that the Customer may be additionally liable to pay unless explicitly otherwise stated. Customer shall pay any initial fees set forth by the Provider, prior to the commencement of service. Provider shall not be liable for any refund in the event that the Provider has contracted the services of a third party in providing the Service. In the event that Customer fails to pay any invoice or bill by the due date, the Provider shall be entitled to accrue interest at 5% and to postpone the deliverance of such services and shall, in the event of payment being delayed more than five (5) days, unilaterally terminate this agreement and discontinue the service of Customer or the applicable account for which payment has not been received. The indemnification and limits of liability provisions mentioned above shall survive any such termination. Upon payment of the charges due hereunder, the Provider may, at its sole discretion, reinstate service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require a GBP 50 (or equivalent) reinstatement fee.

9. SERVICE CHANGES

   On-line changes made by the Provider to any service shall not change the terms of the Services accepted by Customer, unless such changes do not adversely affect the services provided to Customer under the prior Services. Changes in monthly fees shall become effective only at the end of any period for which Customer has prepaid to the end of such period. Utilisation of the service by Customer and/or its customers or associates following the effective date of such change shall constitute acceptance by Customer of such change in terms.

10. DURATION

    Unless explicitly stipulated or agreed otherwise, all agreements have an Initial Term of twelve (12) months. After this Initial Term and on the anniversary of the end of such term thereafter, the agreement will automatically be renewed for a further twelve (12) month term unless either party terminates the Agreement in writing thirty (30) days before the end of the term concerned.

11. TERMINATION

    The Provider retains the right in the event of non-payment of any fees or prices levied on the Customer to terminate the Agreement immediately. This Agreement may also be terminated by either party to the other if the other commits any material breach of any of these conditions and which (in the case of a breach capable of being remedied) has not been remedied within a reasonable time period as may be specified by formal request or immediately by the Provider if Customer commits any material breach of this Agreement. This Agreement may also be terminated by either party if the other shall convene a meeting with its creditors or if a proposal shall be made for voluntary insolvency arrangement. Provider retains the right to deny Customer access to the Services following Termination however such termination may arise and delete any data stored on such Services for which the Customer assumes full responsibility for all such deletion.

12. FOREIGN JURISDICTIONS

    The Site may contain references or cross references to services that are not available in every country. Provider does not represent that all Services and content, materials and services on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Customer access to the content, materials and services on the Site from such locations is at Customer's own initiative and the Provider is not responsible for Customer's compliance with local laws or other applicable laws. Customer warrants that it will not access the foregoing if prohibited by law. Any translation of this Agreement into a language other than English is for the convenience of the Customer only and it is agreed that the English language version of the Agreement shall be relied on by the parties and shall prevail in the event of any differences.

13. MODIFICATIONS

    Provider reserves the right to make changes to the above terms and conditions of this agreement upon thirty (30) days written notice to Customer, advising of the change and the effective date thereof. Notices may be sent by email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. It is the responsibility of the Customer to provide the Provider with the most current contact information and ensure that such information is maintained accurately.

14. MISCELLANEOUS

    Whenever possible, each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision and for the remaining provisions of these terms and conditions. No waiver by the Provider of any term or condition described herein shall operate as a waiver of any other term or condition described herein.

15. GOVERNING LAW

    All offers, proposals, agreements and other judicial acts including this Agreement concerning the delivery or provision of Products and/or Services to the Customer by the Provider shall be governed by the laws of the United Kingdom. Any disputes arising between the parties concerning the interpretation or legal effect of the Agreement shall in the first instance be resolved through negotiation. Should such negotiations fail to reach a conclusion within thirty (30) days of the demand for the negotiations being made, the dispute shall be forwarded to the courts of the United Kingdom.