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Terms & Conditions
1.
SERVICE AGREEMENT
2. USAGE POLICY
3. TRADEMARK ABUSE
4. DISPUTE RESOLUTION
1. SERVICE AGREEMENT
This Agreement ("Agreement") is between Web One Solutions ("WOS")
of 30 Winston Close, Eastleigh, Hampshire SO50 4NS ENGLAND,
and the customers of our services. For good and valuable consideration,
the parties agree as follows:
1. SERVICES
Subject to the terms and conditions of this Agreement, WOS will
provide to Customer the Web hosting and/or related services described
in the plan selected by Customer from WOS then published list of
services offered from time to time ("Services"). The specific plan
of Services to be provided initially to Customer shall be as selected
in the Order and thereafter as established through correspondence
between Customer and WOS.
2. TERM
The initial term of this Agreement shall be as stated in the Order
("Initial Term"). The Initial Term shall begin upon commencement
of Service to Customer, provided, however, no Service shall commence
unless and until WOS receives and accepts a completed Order from
Customer, plus payment in full for Services to be rendered during
the Initial Term and any setup charges. WOS reserves the right to
reject any submitted Order for any or no reason prior to written
acceptance thereof by WOS. After the Initial Term, unless otherwise
agreed to by the parties, this Agreement shall automatically renew
for successive terms of equal length as the Initial Term unless
terminated or cancelled by either party only as provided in Paragraph
9 below. The Initial Term plus all successive renewal periods during
which Service is provided shall be collectively referred to as the
"Term."
3. FEES AND PAYMENT
All fees for Services rendered or provided to Customer shall be
in accordance with WOS pricelist then in effect, the terms of which
are incorporated herein by reference. A pricelist setting forth
WOS current rates for Services is available on the website. WOS
may, with 30 days notice to Customer, amend the Services and/or
the rates and fees it charges for the Services. Fees for renewal
periods after the Initial Term shall be due and owing immediately
upon the first day of such renewal period. Customer will receive
an invoice by email for the charges for the basic Services rendered
or provided by WOS for such renewal period, plus any additional
Services rendered or provided by WOS to Customer for the preceding
month of the Term, and any other charges or fees then due hereunder.
Payment in full of such invoiced amount is due upon receipt of the
invoice. Should payment in full of any invoice not be received by
WOS within thirty (30) days after date of invoice, WOS may impose
a debt service charge equal to one and one-half percent (1.5%) of
the overdue balance (or such lesser amount as may be required by
law) for each month or fraction thereof the overdue amount remains
unpaid. In addition, in the event that any amount due WOS remains
unpaid thirty (30) days after presentation of an invoice to Customer,
WOS, in its sole discretion, may immediately terminate this Agreement,
and/or withhold or suspend Services. All taxes, fees and governmental
charges relating to the Services provided hereunder (other than
income taxes of WOS) shall be paid by Customer. Refunds are given
at the discretion of the Company Management.
4. CONTENT AND CUSTOMER'S RESPONSIBILITY
WOS will exercise no control whatsoever over, nor have any responsibility
or liability whatsoever for, the content of the information passing
through its network. WOS shall make no effort to validate any information
passing through its network for content, correctness, usability
or for any other reason.
5. NO WARRANTY
Customer agrees to use all WOS' Services and facilities, and any
information obtained through or from WOS, at Customer's own risk.
Customer acknowledges and understands that neither WOS, nor any
of its employees, representatives, agents or the like, warrant that
the Services offered or provided hereunder will not be interrupted
or be error free, nor do they make any warranty or representation
as to the results that may be obtained from the use of the Service
or as to the accuracy, reliability or content of any information
service or merchandise contained in or provided through the Service,
unless otherwise expressly stated in this Agreement. WOS specifically
disclaims all warranties of any kind, including, without limitation,
the warranty of merchantability and fitness for a particular purpose,
whether expressed or implied, for the Service it is offering or
providing hereunder.
6. PROHIBITED USES
Customer shall not use, nor permit the use by any person of, Customer's
Web space or any part thereof, including any links to other Web
space, in violation of WOS' "Usage Policy" provided herewith.
7. LIMITED LIABILITY
Under no circumstances, including negligence, shall WOS, its officers,
agents or anyone else involved in creating, producing or distributing
the Service hereunder be liable to Customer or any third party,
for any claims, causes of action or direct, indirect, incidental,
special, or consequential, trebled, or punitive damages, that result
or have alleged to have resulted from the use of or inability to
use the Service; or that results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, defects, delays in operations,
or transmission or any failure of performance, whether or not limited
to acts of God, communications failure, theft, destruction or unauthorized
access to WOS' records, programs or services. WOS further shall
have no responsibility whatsoever to Customer or any third party
for the accuracy or quality of information obtained through or in
connection with its Services provided hereunder. Notwithstanding
the above, Customer's exclusive remedies for all damages, losses,
costs or causes of actions from any and all claims, whether in contract,
quasi-contract, statutory, tort including negligence, or otherwise,
shall not exceed the aggregate amount which Customer paid during
the twelve (12) months immediately preceding the claim or the term
of this Agreement, whichever is less.
8. INDEMNIFICATION
Customer shall defend, indemnify, save and hold WOS harmless from
any and all damages, demands, liabilities, losses, costs and claims,
including, without limitation, reasonable attorneys' fees, compensatory
damages, punitive damages, trebled damages, and statutory damages
(hereinafter "Liabilities") asserted against WOS, its agents, its
customers, servants, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed
by Customer, its agents, employees or assigns or any product distributed,
offered or sold by Customer, its agents, employees or assigns.
9. TERMINATION
This Agreement may be terminated: (i) by either party, without cause,
by giving the other party 30 days prior written notice; (ii) by
WOS, at any time, upon 20 days' prior notice if in the sole judgment
of WOS, Customer breaches any material provision of this Agreement
and has not cured same by the end of the 20 days; (iii) by WOS in
the event of non-payment by Customer as provided in Paragraph 3
above; and (iv) by WOS, at any time, without notice, if, in WOS'
sole judgment, Customer is in violation of any terms or conditions
of WOS' Usage Policy. If domain name is transferred or cancelled
for any reason before the first twenty-four months, a fee of nineteen
pounds will be charged in all circumstances. The transfer or change
of handle/tags will not take place until payment has been received
in full.
10. ADDITIONAL TERMS AND CONDITIONS
Customer hereby acknowledges that it has received and reviewed a
copy of WOS' "Usage Policy" provided herewith and that the terms
of the Usage Policy are incorporated herein by reference. WOS reserves
the right to amend this Service Agreement and the Usage Policy from
time to time and Customer shall be bound by any such amendments.
Customer shall have the obligation to periodically visit WOS' Web
site to review its Usage Policy and to make certain Customer is
in full compliance therewith. In the event of any inconsistencies
between this Agreement and the Usage Policy, the terms of the Usage
Policy shall govern.
11. NOTICE
All notices must be sent either in writing or by email, except as
otherwise expressly provided herein that a notice must be in writing.
All notices to WOS shall be delivered to its address stated above
or its email address as provided. All notices to the Customer shall
be delivered to its mailing address or its email address as provided
on the Order. The parties may change their respective address by
notice delivered to the other party. All notices delivered in writing
must be sent either by overnight courier or certified mail, return
receipt requested. Evidence of successful transmission of all notices
delivered by email must be retained by the delivering party.
12. MISCELLANEOUS
This Agreement sets forth the entire agreement between WOS and Customer
with respect to the subject matter hereof and supersedes all previous
representations, understandings or agreements and shall prevail
notwithstanding any variance with terms and conditions of any other
prior writing between the parties. If any provision of this Agreement
is held to be invalid by a court of competent jurisdiction, then
the remaining provisions shall nevertheless continue in full force
and effect. Customer may not transfer or assign this Agreement without
WOS' prior written consent. This Agreement shall be governed by
the laws of England and all claims concerning this Agreement shall
be brought exclusively in English courts located in England. The
parties hereby consent to submit to the jurisdiction of such courts
and waive any personal jurisdiction or venue defences concerning
said forum. The Customer is deemed to have agreed to this Agreement,
when commencing use of any of WOS's services.
2. USAGE POLICY
The WOS Usage Policy has been developed with the following objectives:
Ensure security, reliability and privacy of WOS' systems and network,
and the networks and systems of others. Maintain the image and reputation
of WOS as a responsible provider. Preserve the value of Internet
resources as a conduit for free expression. Encourage the responsible
use of net resources and discourage practices which degrade the
usability of network resources and thus the value of Internet services.
Avoid situations that may cause WOS to incur civil liability. Preserve
the privacy and security of individual users We expect our Customers
to use the Internet with courtesy and responsibility and to be familiar
with and to practice good Internet etiquette. By adhering to the
following policies, our Customers are protecting the rights and
privileges of all Internet users. VIOLATION OF ANY OF THE FOLLOWING
POLICIES IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDIATE TERMINATION
OF ALL ACCOUNTS.
General
Conduct
1. Customers are prohibited from transmitting on or through any
of WOS' services, any material that is, in WOS' sole discretion,
unlawful, threatening, abusive, libellous, or encourages conduct
that would constitute a criminal offence, give rise to civil liability,
or otherwise violate any local, state, national or international
law, statute or regulation.
2. WOS' services may only be used for lawful purposes. Transmission,
distribution, or storage of any information, data or material in
violation of UK regulation or law is prohibited. This includes,
but is not limited to, material protected by copyright, trademark,
trade secret, or any other statute. WOS reserves the right to remove
such illegal material from its servers.
3. Customers may not engage in tortuous conduct including, but not
limited to, posting of defamatory, scandalous, or private information
about a person without their consent, intentionally inflicting emotional
distress, or making physical threats against another person via
email, news, or any other electronic media/service we provide.
4. The Customer is responsible for providing and maintaining accurate
and up-to-date billing information. Furnishing false data on the
signup form, contract, or online application, including fraudulent
use of credit card numbers, is grounds for immediate termination,
and may subject the offender to civil or criminal liability.
System
and Network Usage Security
1. Customers may not attempt to circumvent user authentication or
security of any host, network, or account ("cracking"). This includes,
but is not limited to, accessing data not intended for the Customer,
logging into a server or account the Customer is not expressly authorized
to access, or probing the security of other networks.
2. Customers may not attempt to interfere with service to any user,
host, or network ("denial of service attacks"). This includes, but
is not limited to, "flooding" of networks, deliberate attempts to
overload a service, and attempts to "crash" a host.
3. Customers may not use any kind of program/script/command, or
send messages of any kind, designed to interfere with a user's terminal
session, via any means, locally or by the Internet.
4. Customers must safeguard their account passwords to prevent unauthorized
access to their account.
5. Users who violate systems or network security may incur criminal
or civil liability. WOS will cooperate fully with investigations
of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation
of suspected criminal violations.
6. WOS Reserve the right to access servers/accounts within their
network if they believe the terms and conditions of use are not
being followed. See: WOS SERVER
ACCESS
REGULATIONS
Email
1. Harassment, whether through language, frequency, or size of messages,
is prohibited.
2. Customers may not send email to any person who does not wish
to receive it. If a recipient asks to stop receiving email, the
Customer must not send that person any further email.
3. Customers are explicitly prohibited from sending unsolicited
bulk mail messages ("junk mail" or "spam"). This includes, but is
not limited to, bulk-mailing of commercial advertising, informational
announcements, and political tracts. Such material may only be sent
to those who have explicitly requested it.
4. Customers may not forward or otherwise propagate chain letters,
whether or not the recipient wishes to receive such mailings.
5. Malicious email, including but not limited to "mail bombing"
(flooding a user or site with very large or numerous pieces of email)
and "trolling" (posting outrageous messages to generate numerous
responses) is prohibited.
6. Forging of header or any other information is not permitted.
7. Subscribing someone else to a mail list or removing someone else
from a mail list without that person's permission is prohibited.
8. WOS accounts or services may not be used to collect replies to
messages sent from another Internet Service Provider, where those
messages violate this Usage Policy or the usage policy of that other
provider.
9. These rules apply to other types of Internet-based distribution
mediums as well. USENET postings have their own regulations; see
below.
USENET
(News)
1. WOS is not responsible for the content of any USENET posting,
whether or not the posting was made by a WOS Customer.
2. Postings to USENET newsgroups must comply with the written charters
or FAQs for those newsgroups. Advertisements should only be posted
in those newsgroups whose charters/FAQs explicitly permit them.
The poster is responsible for determining the etiquette of a given
newsgroup, prior to posting to it.
3. Customers are prohibited from posting the same or similar message
to large numbers of newsgroups (excessive cross-posting or multiple-posting,
also known as "USENET spam").
4. Customers are prohibited from posting binary files to newsgroups
not specifically named for that purpose.
5. Customers are prohibited from cancelling or superseding posts
other than their own, with the exception of official newsgroup moderators
performing their duties.
6. Customers are prohibited from forging header information. This
includes attempting to circumvent the approval process for posting
to a moderated newsgroup.
7. A customer may not solicit mail for any other address, other
than that of the Customer's WOS account or service, with the intent
to harass or collect replies after WOS' service has been terminated.
IRC (Internet Relay Chat)
1. WOS is not liable for the content of any communications made
on IRC.
2. IRC robots ("bots" or "clones") or IRC sessions may not be run
from WOS' server accounts.
3. Customers may not attempt to impersonate others or use IRC anonymously
by disguising their hostname or username.
4. Customers are prohibited from using IRC scripts or programs that
interfere with or deny service to other users on any server or host.
Customers are also prohibited from engaging in activities which
harass other users. This includes, but is not limited to, "flooding"
(rapidly entering text with the intent to fill the screens of others),
"flashing" (disrupting terminal emulation), "takeovers" (forcibly
seizing operator privileges), attempting to send private messages
to those who do not wish to see them (via "ignore"), attempting
to return to a channel after being banned from it, and other disruptive
behaviours.
General Uses
1. Customers may not permit the use of mail services, mail forwarding
capabilities, POP accounts, or auto responders other than for the
Customer's own account.
2. Customers may not employ posts or programs that consume excessive
CPU time or storage space. WOS reserves the right to kill off CPU
intensive process.
Material
and Product Requirements
1. Customers must ensure that all material and data placed on WOS'
equipment is in a condition that is "server-ready," which is in
a form requiring no additional manipulation on WOS' part. We shall
make no effort to validate this information for content, correctness
or usability. In the event that the Customer's material is not "server-ready",
we have the option at any time to reject this material. WOS will
notify the Customer immediately of its refusal of the material and
afford the Customer the opportunity to amend or modify the material
to satisfy the needs and/or requirements of WOS.
2. Use of some of WOS' service requires a certain level of knowledge
in the use of Internet languages, protocols, and software. This
level of knowledge varies depending on the anticipated use and desired
content of the Customer's Web space. Customers must have the necessary
knowledge to create and maintain a Web space. It is not the responsibility
of WOS to provide this knowledge or customer support outside of
the service defined in the Service Agreement.
Privacy
1. WOS will not sell or knowingly disclose its customer lists or
customer email or listserv address lists. We will attempt to protect
the privacy of our Customers and their information that is stored
on our network. WOS will only access and disclose information as
necessary to comply with applicable laws and government requests,
to operate and maintain our systems and services, or to protect
ourselves or our Customers.
2. WOS will not monitor or disclose a Customer's private email messages
unless required by court order or law. We will cooperate with the
authorities and will notify such authorities if it suspects that
a Customer is engaged in illegal activities. THE USAGE POLICY DEFINES
THE ACTIONS WHICH WOS CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY
PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE,
AND ARE PROVIDED SOLELY FOR GUIDANCE TO CUSTOMERS. If you are unsure
whether any contemplated use or activity is prohibited, please contact
us for assistance. Please note that the activities set forth above
are also not permitted from other Internet Service Providers on
behalf of, or to advertise, any service hosted by WOS, or connected
via our network. Furthermore, such services may not be advertised
via deceptive marketing policies. WOS must further limit any exceptions
made to the Usage Policy as secondary in regards to server and network
security, performance and integrity. Any user, regardless of exception
status, may have his or her service disabled if it is interfering
with our servers or network. Specific questions about this policy
should be filled out on our online forms. Reports of activity in
violation of this policy may be sent via registered post to our
head office.
3. TRADEMARK ABUSE
Before you sign up for any domain name with us, you must explicitly
assert that to your knowledge you are not abusing any trademark
or other statutes. If in doubt seek legal advice.
4. DISPUTE RESOLUTION
WOS is not part of a dispute between a trademark owner and a Registrant.
We cannot arbitrate between two disputing parties. Any disputes
over trademarks, howsoever arising, must be dealt with directly
between the two disputing parties. Any disputes, howsoever arising,
over domain names should be directed to the relevant domain name
authority:-
.com,
.net and .org domains: Network
Solutions
.co.uk,
.org.uk, ltd.uk domains: Nominet
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