1. Introduction
The Website Owner including subsidiaries and affiliates offer website hosting and
database hosting services subject to the terms and conditions set out in these terms
and conditions and any other relevant terms and conditions, policies and notices
which may be applicable to supply of hosting services.
2. Glossary of Terms
We includes the Website Owner - Aranea Designs - (
"www.araneadesigns.com" or "Website" or "Website
Owner" or "we" or "us" or "our") or any party
acting on the Website Owner's implicit instructions.
You ("you", "your", "Customer") includes the
person purchasing the services or any party acting on the customer's instructions.
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.
In consideration of the mutual covenants herein, the parties agree to the following,
which shall apply during the term of this agreement
3. Web Site Hosting And Email
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 authorise
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, 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.
3.3.3 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.
3.3.4 You will not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory.
3.4 We reserve the right to remove any material which we deem inappropriate
from your web site without notice. We do not host Warez or illegal MP3 content.
3.5 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.
3.6 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.
3.7 You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
3.8 In the case of an individual User, you warrant that you are at least
16 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 16 years.
3.9 Any access to other networks connected to
www.araneadesigns.com must comply with the rules appropriate for those other
networks.
3.10 While we will use every reasonable endeavour 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.
4. Service Availability
4.1 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.
4.2 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 7 days you will be notified of the reason.
4.3 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. Payment
5.1 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. We reserve the
right to change pricing at any time although all pricing is guaranteed for the period
of pre payment.
5.2 Payment is due twenty-eight days prior to each annual anniversary following
the date the Services were established until closure notice is given.
5.3 All payments must be in UK Pounds.
5.4 If your cheque is returned by the bank as unpaid for any reason, you
will be liable for a "returned cheque" charge of £25.00.
5.5 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.
5.6 If an account goes unpaid for fourteen days, a £25.00 late payment fee
will be applied.
5.7 If an account goes unpaid for twenty one days, the account and its associated
services are suspended. A £25.00 charge will be applied upon account reactivation
to cover administration costs.
5.8 Once an account has a suspended status, Access to files, databases and
other content is explicitly denied.
5.9 Once an account has been suspended for seven days all files, databases
and other content including the account itself will be permanently deleted and the
domain name will become available to third parties.
5.10 Should access to files, databases and other content be required before
they are deleted, account reactivation will be required.
6. Termination
6.1 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.
6.2 If you break any of these terms and conditions we may suspend the Services
and/or terminate this Agreement forthwith without notice to you.
6.3 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 suspend the Services and/or
terminate this Agreement forthwith without notice to you.
6.4 You may cancel the Services at any time.
6.5 No refunds will be made for Services suspended in accordance with 6.1,
6.2, 6.3 and 6.4.
6.6 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.
7. Indemnity
7.1 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.
8. Limitation Of Liability
8.1 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 subclause
8.2.
8.2 Nothing in these terms and conditions shall exclude our liability for
death or personal injury resulting from our negligence.
8.3 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.
8.4 In any event no claim shall be brought unless you have notified us of
the claim within one year of it arising.
8.5 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
9. Revisions
9.1 www.araneadesigns.com reserves
the right to revise, amend, or modify these Terms and Conditions, and any of our
other policies and agreements at any time and in any manner. Notice of any revision,
amendment, or modification will be posted in accordance with our Terms and Conditions.
10. Notices
10.1 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.
11. Applicable Law
11.1 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.
12. Headings
12.1 Headings are included in this Agreement for convenience only and shall
not affect the construction or interpretation of this Agreement.
13. Entire Agreement
13.1 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.
14. Comments or Questions.
14.1 If you have any questions, comments or concerns arising from the website
or any other relevant terms and conditions, policies and notices or the way in which
we are handling your personal information please contact us
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