Terms and Conditions - v1.3 - 14/03/2008

The Parties

Nonanet (UK) Limited (company number 05638835), whose registered office is at 89 Wellington Street, Thame, Oxon OX9 3BW ("the Company") and ("the Client").

Recitals

The Company is engaged in the business of providing internet services, including the supply of website hosting and Virtual Private Servers. The Client wishes to use these Services, and the Company agrees to provide these Services to the Client under the following terms and conditions:

Definitions

• "Agreement" means this Agreement between the Company and Client
• "Bandwidth" means the allocated network capacity specified to the Client
• "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
• "Website" means the area on the Server allocated by the Company for the Clients use as a site on The Internet
• "VPS" means the area on the Server allocated by the Company for the Clients use as a Virtual Private Server connected to The Internet

Terms and Conditions

• 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.
• The Client is responsible for the actions of any third-party to whom they allow access to the Service.
• Should the Client become the target of a network attack, the Company reserves the right to take any necessary actions (including, but not limited to, temporary suspension of the Clients account) required to return the Server or network operation back to normal.
• We will use our best efforts to maintain, but do not guarantee, the privacy of email, network traffic, or the users data stored on the Company's Server.
• Any use which interferes with the server's ability to function correctly is prohibited.
• Mail abuse (including, but not limited to, mass mailing (SPAM), unsolicited mail (UCE) and email forgery) and usenet abuse (including, but not limited to, mass crossposting, and posting binary encoded articles to groups not named specifically for that purpose), 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 copied software (warez) or lists for mass mailing of unsolicited email is prohibited.
• Use of the Services to commit network abuse (including, but not limited to, denial of service attacks such as email bombs, smurf attacks, 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 may be incurred 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 Clients 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 The Company and failure to perform its obligations under this agreement.
• If we are informed of an alleged copyright or trademark infringement involving a Clients 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. The 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 is equal to the recurring invoice period as set down when the Client initially ordered the Service. The request to terminate the account must be in writing.
• We provide support for all our services to the extent that if a service fails to function as provided initially, we will work to repair the service to the level of functionality the client enjoyed when the service was first provisioned.
• If, after a reasonable time attempting to restore the service, we are unable to, we reserve the right to completely re-install any software or operating system in order to return the service to it's initial level, we are not responsible for any loss of clients data in such an event, although we will make best efforts to avoid such loss and to warn the client prior to any such drastic action being taken.
• If we are unable to provide the service as initially provisioned, we reserve the right to cancel the service and will refund the client pro-rata any monies paid in advance. In such circumstances, we are not responsible for any subsequent loss or damage to the clients reputation nor are we liable for any loss of earnings or any related losses the client may incurr.
• In any event our total liability to the client may not exceed that which the client has paid to the Company for services in the previous 12 months.
• Our support services are limited to services and software supplied by ourselves, although we may, on request, assist clients in installing third party software, if we have the relavent experience, any such assistance is chargeable and the client agrees to pay our standard hourly rate for all such support requests.
• We do not warrant that any of our hosting services will be suitable or compatible with any third party software or application, although we will work with the client, on a best efforts basis, to help install any such software or application, at the clients request. Any such assistance is chargeable and the client agrees to pay our standard hourly rate for all such requests.
• The Company does not charge to transfer a domain name in, when transferring a domain in The Client agrees to pay the transfer away fee if they decide to transfer the domain away at any time in the future, the transfer away fee is currently £15.00
• The Client agrees to pay all renewal fees that may become due for any domain that is transferred in.
• 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 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 one hour in each 24 hour period between the hours of 00:00:00 and 23:59:59. Any such refunds will be given, on request, as credit against the Clients account at the end of the calendar month. 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 the Service for operational reasons at any time and generally without notice.
• Any mention of monetary amounts are exclusive of VAT which is chargeable to all UK clients.