May 15th 2008 05:51:23 AM  
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Pageinabox Terms and Conditions

Terms & Conditions

All our hosting accounts are subject to the following Acceptable Uses Policies. These may be subject to change at ANY time at the discretion of the management of Pageinabox.

By logging in and using our services, you are indicating your acceptance of these Terms and Conditions.

1. Definitions

In our terms and conditions we use words which have special meanings, set out below is a list of those words and meanings: We or Us means Pageinabox. Service means the service or services which you have chosen to select or purchase, as set out on your order or as supplied as part of the electronic registration procedure. Fees mean the fees that we charge for initial connection to the service and for continued access. The fees depend on the Service which you have decided to select or purchase.

2. Terms and conditions

By completing the order form, electronic registration, or submitted your order via email you will have been taken to have agreed to these terms and conditions. When we have processed your order form or electronic registration and received any fees which are due from you, we will provide you with the relevant service. The right to use the Service is personal to you.

3. Supply

In order for us to be able to provide the Service you must have the right hardware and software and it is your responsibility to ensure that you have the necessary means to access the Service, and that it is the right Service for you. We have no obligation to advise you of new services or upgrades.

4. Passwords and security

We will provide you with a password and username. That must be kept secret. You must notify us immediately if you think that anyone else knows your password and/or username. We reserve the right to change the password in the event of a suspected security breach and will notify you of this as soon as we can.

Please remember when using the Service and sending data to other people your communication may not be secure. It could be unsafe to submit your credit card or debit card details, or personal information, over the Internet.

5. Acceptable Use Policy

All subscribers are required to agree to abide by the Acceptable Use Policies of Pageinabox. These policies are detailed below.

  • We do not permit websites which contain the following material:
    • Adult Material
    • Warez
    • Racial Hatred
    • Encouragement of Terrorism
    • Offensive Material
    • Material which is illegal under UK law.
    • Sites containing Copyright material without the permission of the copyright holder.
  • You will be responsible for the content of your pages, including obtaining the legal permission for any works and ensuring the pages do not violate UK law. You will be responsible for and accept responsibility for defamatory, confidential, secret or other proprietary material available via your page(s).
  • Commercial use of your webspace is permitted, and we do not require any form of advertising or banners on our part on your website.
  • You must not divulge your password to any third party, and you should take reasonable precautions to ensure it is not discovered by any other party.
  • Your must not attempt to gain the privileges of another user.
  • You may not store more data in your account than what is allotted under the conditions of your account.
  • You should not exceed your data transfer limit allotted to your account. We measure these using detailed transfer logs provided to us from the Web server. If you do exceed your limit, we reserve the right to charge you for excess data transfer at a rate of £7.50 per GB per month.
  • The sending of unsolicited e-mail (spam), adult material or illegal material through our mail servers, or using an e-mail address that is maintained on one of our servers, is strictly prohibited.
  • We provide shell accounts using SSH strictly for the purpose of setting up and editing elements associated with your website. It is not a development platform for issues unrelated to your website. You must not browse any part of our servers beyond your home directory. For security reasons, we do not provide shell access via Telnet.

6. Maintenance/Support

We will provide ongoing maintenance in respect of the Service supplied to you for this purpose there will be some occasions when you will not be able to access the Service. We will keep this to a minimum. Support services are only available in respect of some of the Services and you will have to decide which service is best for you. We shall not be liable for any consequential losses you may suffer. You will not be eligible for any compensation because you cannot use the service or because of a failure, suspension or withdrawal of all or part of the service. We may change the service at any time.

Data stored on our servers is not guaranteed to be backed up, and we recommend you keep your own full backup of your site. We shall not be held liable for any loss or damages as a result of any data lost.

While we will use every reasonable endeavor 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 accept no liability for non-receipt or misrouting of e-mail or for any other failure of e-mail or webspace.

7. Fees

You agree that you will pay the appropriate fees for this service on time. When fees are not collected online at the point of registration they will be payable within fourteen days of the receipt of an invoice from us. The amount payable by you and the payment intervals will be selected by you on your order form or electronic registration.

We reserve the right to vary the annual subscription fee payable in respect of the service from time to time and we will post details of any variations on our home site. Any such changes will not be effected until at least seven days after they have been posted to our Web site.

The subscription fee will remain fixed for the first term you sign up for. Your account may be suspended or closed if any sum due for a product or Service is unpaid or is in arrears. If any payment of fees remains overdue for more than seven days we may terminate or suspend your access to the Service. If you wish to resume access to the Service after you have been disconnected for late payment we may charge you a reconnection fee and request a deposit as security for the reconnection.

8. Termination

If you fail to pay fees when they are due or abuse the Service we may terminate your access and will accept no further liability. We reserve the right to withhold any facility associated with the Service, account, notwithstanding termination, until fees are met in full. We reserve the right to terminate your right to use the Services at any time, without giving any reason.

If your account is terminated by us due to a breach of the terms and conditions or acceptable use policies any monies taken will not be refunded.

Our month to month hosting accounts are subject to a minimum 1 month contract and our annual payment hosting accounts are subject to a minimum 12 month contract. We also require 30 days cancellation notice. Termination of the service will only become effective on the 30th day following receipt of this notice.

When you cancel your account, all your files (including web pages and e-mails) will be deleted.

9. Improper Use

Our network and / or service may only be used for lawful purposes. The law relating to Internet use is under continuous development. It is up to you to check whether you might be infringing any law or regulation and if in doubt you should take legal advice. You agree that you will not use the service for transmission of any material which breaches any law or regulation, or which is defamatory, menacing, obscene, abusive or which breaches someone's civil rights. You also agree that you will not place any material on your own or any other site likely to cause offence to other customers. Nor will you permit or allow any one else to do so. Any breach of this clause will entitle us to terminate the Service. For this purpose it will be irrelevant whether you knew of the content of the material transmitted. Alternatively we may suspend the service without notice if in our reasonable opinion you are in breach of this clause. Please remember that material which would not cause offence in the United Kingdom may cause offence in other countries and the Service will give you access to computer networks worldwide.

The Service has a finite capacity and we reserve the right to terminate any use of the Service which we consider profligate or to the detriment of our other customers. This may include applications such as transmitting or receiving live video, live audio or other similar traffic demands across the network.

10. Liability

You agree and accept that we are unable to exercise control over the content of the information passing over our connection or our network or the Service and we cannot be responsible for the transmission or reception of such information.

We are not in a position to monitor how you use the Service and so you agree to indemnify us against any claim that is brought against us or any costs liability which we incur as a result of your use of the Service and we accept no responsibility for any action brought against you arising from the use of the Service.

While we will use best endeavors to provide a continuing Service we will not be liable for any loss, including loss of data resulting from using the Service, failure to supply the Service or delay or interruption in the supply of the Service. In particular we cannot be liable for the quality or accuracy of information received through the Service.

It is your responsibility to your carry out computer virus precautions and we will not be responsible for loss arising out of computer viruses, whether they are introduced through our Service or otherwise. You are in a better position than we are to evaluate any potential loss you may suffer by using this Service and to insure if appropriate.

Accordingly our liability to you, whether for breach or contract, negligence or otherwise is limited to a maximum amount of the fees you have paid for the Service. We will not be liable for any losses you may suffer as a result of loss of business, contracts, profits, savings or otherwise.

11. Software

Any Software that we provide to you which is downloaded from us or provided is free of charge. You are however responsible for registering Software that requires such registration and paying any regulated charges thereafter.

12. Domain Names

We cannot confirm that we are able to register your chosen domain name until we have received notification from the appropriate domain registry that your application was successful. If successful, your domain name will begin working approximately 2 working days after your initial application.

The registration and use of your domain name is additionally subject to the Terms & Conditions of use applied by the relevant naming authority.

You shall have no right to bring any claim against us in respect of refusal to register a domain name.

Once a domain name has been registered by us with the relevant naming authorities, we are unable to cancel the registration. This is the policy of all naming authorities. Therefore we are unable to offer any refund on domain names once they have been ordered. A domain name remains the property of Pageinabox until full payment for that domain name has been received by us.

We reserve the right to refuse to release a domain name to a new hosting provider in the event that there are any outstanding monies owed on your account.

13. Data Protection

We reserve the right to put the names and other information from the order or electronic registration form into a computerised directory for internal purposes only.

14. Notices

If you need to give notice for any reason, email or post is acceptable. Please note that any notice you give to us will only be considered effective from the day on which we acknowledge it.

15. Disputes

We hope that we have anticipated any difficulties or questions that you may have. However if at any time you have a grievance please contact us as soon as possible. We cannot deal with a problem if we do not know about it.

16. Governing Law

These terms and conditions by English Law and we both agree to submit to the exclusive jurisdiction of the English courts. We both agree that a Court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair pursuant to some statutory provision and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.

17. Amendment to service without notification

You fully agree and accept that Pageinabox reserve the right to alter the subscription fee that you are currently paying or introduce a subscription fee if you are not currently paying one.


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