| Terms and Conditions |
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| Thursday, 07 February 2008 | |
GeneralIMPORTANT NOTICE All Users of services provided by TwentytwentyMedia Limited, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services. NOTE: Pornography and sex-related merchandising is subject to UK law and decency rules. We reserve the right to suspend sites, without notice, pending investigation. Common sense applies.....! NOTE: Spamming, or the sending of unsolicited bulk email, to or from an TwentytwentyMedia Limited server or using an email address that is maintained on an TwentytwentyMedia Limited machine is STRICTLY PROHIBITED. This Agreement is made between TwentytwentyMedia Limited "us" - of Spectrum House, Bromells Road, London SW4 0BN. and "you" the reader of this page and the subscriber to our services. The following constitute the Terms and Conditions under which TwentytwentyMedia Limited trades and supplies its services and related products. These conditions, in conjunction with the details as shown on the TwentytwentyMedia Limited Order Form (where completed) represent the totality of the agreement and form the Contract between TwentytwentyMedia Limited and the User. Any agreed variation or alteration to part of these Terms and Conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order. TwentytwentyMedia Limited is entitled to suspend services if the User does not adhere to any or several conditions of this Contract. This agreement need not be Signed. Purchase of any TwentytwentyMedia service is interpreted and deemed as your acceptance of our terms and conditions herein. 1. DEFINITIONS "Server" means the computer server equipment operated by us or provided by you in connection with the "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet; "TwentytwentyMedia" means TwentytwentyMedia Limited, incorporated in England, company number 3730401, with the registered office at 44 Wellington Street, London WC2E 7BD. "Contract" means the Contract between TwentytwentyMedia and the User incorporating these conditions, the TwentytwentyMedia Order Form (where completed) and TwentytwentyMedia's published charges for the provision of its services; "Charges" means the charges as agreed on the Order Form (where completed) and TwentytwentyMedia 's latest published prices for products and services requested or incurred during the Contract period; "bandwidth" means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract; "Site" means the premises or location at which Service is or is to be provided under this Contract; "Equipment" means equipment which is supplied by or on behalf of TwentytwentyMedia to the customer or placed at or on a Site for the purpose of providing Service; "Internet" means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Intemet Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate; "User" means you the customer or any person who makes use of the services though you or on your behalf; "minimum Contract term" means the minimum period of service as specified in clause 6; 2. DOMAIN NAME REGISTRATION The Customer authorises TwentytwentyMedia on behalf of the Customer: If the Customer wishes to change the Registered Details, the Customer will notify TwentytwentyMedia immediately and, if properly authorized, TwentytwentyMedia will contact the Registry accordingly. 2.1 We make no representation that the domain name you wish to register or renew is capable of being registered or renewed by or for you. You should therefore not assume registration or renewal of your requested domain name(s) until you have been notified that it has or they have been registered or renewed. Any action taken by you before such notification is at your risk; (this clause is present just in case a customer informs us that they wish to register or renew a name and someone else registers or renews it a short period beforehand.); 2.2 The registration or renewal and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register or renew a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register or renew your desired name; 2.3 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 naming authority but will not be obliged to take part in any such dispute; 2.4 We give no warranty that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name; 2.5 We shall not release any domain to another provider unless full payment for that domain and any other domain registered by the same client has been received by us. You shall not sell any domain for which payment has not been received by TwentytwentyMedia or the Registrar; 2.6 The registration may be renewed provided that you pay the appropriate renewal fee on or before the relevant renewal date. It is your responsibility to ensure that you apply to renew the domain name registration at least 30 days before the renewal date and provide accurate and up to date contact details. Whilst TwentytwentyMedia endeavours to send reminders of renewal dates it does not guarantee to do so and will not be liable if you fail to renew any registration on time. There is no guarantee that a domain name registration or renewal applied for has been entered into the relevant Registrars database until you receive confirmation from the registrar of the registration or renewal; 2.7 TwentytwentyMedia may, at its option, instruct the Registrar to invoice the Customer direct for any fees due to the Registrar; 3. WEB SITE HOSTING and EMAIL 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, pornographic, blasphemous, profane or otherwise objectionable in any way; 3.3 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; 3.4 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; 3.5 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner; 3.6 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; 3.7 Any access to other networks connected to TwentytwentyMedia must comply with the rules appropriate for those other networks This specifically, but not exclusively, includes Level3, NewNet, ClaraNet and ArbiNet; 3.8 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; 3.9 The maximum amount of data transfer allowed (without incurring an excess charge) will be 3GB per calendar month per web hosting account leased or as specified in your account setup letter. The maximum bandwidth shall not exceed 64kbps at any time without prior written approval of TwentytwentyMedia Limited. Excess data transfer is payable at £7.99 per gigabyte "GB" per month. 3.91 In the case where an upgrade to services or space is applied for, we do not warrant that we will be able to upgrade all customers or to be able to add additional services. We also reserve the right to deny upgrades and to remove services without notice. 3.92 In rare cases, TwentytwentyMedia Limited may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. Resources are defined as bandwidth, memory and/or processor utilization. In such instances, TwentytwentyMedia Limited reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby TwentytwentyMedia Limited continues hosting the website for an additional fee. 4. RESELLING 4.2 You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any Contract binding on us; 4.3 You may resell the TwentytwentyMedia Service provided that you have paid our Charges and that you do so based on your own technical and legal responsibility and never sell bandwidth or speed of Service greater than that you have contracted to purchase from TwentytwentyMedia. Furthermore the you must not purport or claim that the resale is a resale of the TwentytwentyMedia Service. You must at all times clarify that you are selling connections or bandwidth from your own network. You will hold TwentytwentyMedia indemnified against any claims from a party to whom you have resold and will ensure that your own terms and conditions in any resale Contract include and comply with the provisions of this agreement. If TwentytwentyMedia agrees any change in Service this Contract is to be treated as varied accordingly; 4.4 No default by your customers shall in any way affect, modify or limit your obligations under this Agreement; 5. TwentytwentyMedia SERVICE 5.2 Requests relating to the provision of Service are, unless otherwise agreed, to be made or confirmed in writing or by electronic mail; 5.3 TwentytwentyMedia will use all reasonable endeavours to adhere to any dates proposed by either TwentytwentyMedia or you for the provision of Service, however any such date is to be treated as an estimate only and TwentytwentyMedia accepts no liability for failure to meet such dates; 5.4 TwentytwentyMedia will use all reasonable endeavours to provide a reliable Service, however it is not practicable to provide such a Service free of faults and TwentytwentyMedia does not undertake to do so. In the event of a fault in Service, you must report the fault by telephone telefax or electronic mail to TwentytwentyMedia's Technical Support at the appropriate numbers or addresses or other such numbers or addresses that TwentytwentyMedia may from time to time provide. Upon receipt of the fault report, TwentytwentyMedia will take all proper steps without undue delay to correct the fault. TwentytwentyMedia shall not, in any event, be liable for interruptions of Service or down-time of a Server; 5.5 TwentytwentyMedia may: 6. COMMENCEMENT and MINIMUM PERIOD OF SERVICE 7. BANDWIDTH UTILISATION 8. CONTENT and MISUSE 8.2 You must not, nor must any other person, use the Service: 8.3 TwentytwentyMedia may discontinue Service if after due warning the User continues to permit such illegal or disreputable use. If TwentytwentyMedia suspends service for contravention of the above conditions of this clause, TwentytwentyMedia can refuse to restore Service until it receives an acceptable assurance from the User that there will be no further contravention; 9. CHARGES and PAYMENT 9.2 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 or on the Order Form (where completed) and shall be due and payable in advance of our service provision. Charges are exclusive of 'Value Added Tax' which shall, if applicable, be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice; 9.3 You acknowledge that our Services are provided using facilities provided to us by third parties; TwentytwentyMedia shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the minimum Contract term or the continuation of the Contract, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate this Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date this Contract ends; 9.4 All charges unless otherwise agreed are payable in advance. Unless otherwise specified and agreed, set-up and installation charges are payable on order. TwentytwentyMedia agrees to be party to this Contract upon TwentytwentyMedia's acceptance of cleared funds covering first invoice or the first payment under the Order Form (where completed). Recurring charges are payable on connection as defined in clause 5.1 of this agreement and thereafter on or before the same day (the due date) of all subsequent months under the minimum Contract term. If payment is not received on or before the due date TwentytwentyMedia reserves the right to immediately withdraw, suspend or limit service and will charge the User a failure fee of 3% of the amount overdue per month; 9.5 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. If such a suspension is imposed, you will be liable for a "reconnection" charge of £25; 10. DEFAULT 10.2 Bankruptcy or insolvency proceeding means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed; 10.3 You continue to be liable to pay all charges which are due for Service during any period in which you do not comply with this Contract; 10.4 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. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit; 10.6 If TwentytwentyMedia waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by TwentytwentyMedia in acting upon a breach is not to be regarded in itself as a waiver. 11. TERMINATION OF SERVICE 11.2 TwentytwentyMedia reserves the right during the minimum Contract term to terminate this Contract by giving to you not less than 30 days prior written notice of termination. 12. NOTICES 13. MATTERS BEYOND TwentytwentyMedia's REASONABLE CONTROL 14. LIABILITY 14.2 TwentytwentyMedia undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus; 14.3 TwentytwentyMedia is not in any way liable in Contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever. 14.4 TwentytwentyMedia makes no warranty as regards to its services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and service interruptions. 14.5 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 14.6; 14.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence; 14.7 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; 14.8 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising; 15. INDEMNITY Domain Names Domains ending .uk Domains ending .com, .org and .net and .info .biz Domains ending .com, .org and .net and .info .biz and other gTLDs Domains ending .eu |
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| Last Updated ( Friday, 27 June 2008 ) |
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