These terms and conditions shall apply to the agreement between Business Data International Limited (trading as \u201cHost Business Data\u201d) and, the individual or company applying for the provision of services by Host Business Data (\u201cthe Customer\u201d) who should note particularly the limitation of liability set out in clause 6.<\/p>\n
IT IS AGREED as follows:<\/p>\n
In
\nthis Agreement, the following expressions shall have the following meanings:-<\/p>\n
“Confidential Information” information which is identified as confidential
\nor proprietary by either party or the nature of which is clearly confidential
\nor proprietary<\/p>\n
“Fees” the fees (including any VAT) due for the
\nprovision of the Services as calculated in accordance with the Price List<\/p>\n
“Inappropriate
\nMaterial” material that under the laws of any jurisdiction where the material
\ncan be accessed is or may be any of the following:- unlawful, threatening, abusive,
\nharmful, malicious, obscene, pornographic, malicious, profane, libellous, defamatory,
\ninfringes any Intellectual Property Rights, constitutes or encourages a criminal
\noffence or contains a virus, worm, trojan horse or other harmful code<\/p>\n
“Intellectual
\nProperty Rights” copyrights, patents, registered and unregistered design
\nrights, topography rights, trademarks and service marks and applications for any
\nof the foregoing, together with all trade secrets, know-how, rights to confidence
\nand other intellectual and industrial property rights in all parts of the world<\/p>\n
“Material”
\ntext, graphics, images, sound, video or any combination thereof<\/p>\n
“Host Business Datas’s
\nServer” the computer server equipment operated by Host Business Data in connection
\nwith the provision of the Services<\/p>\n
“Host Business Data Website” the
\nWebsite located at https:\/\/host.businessdata.com or such other internet address
\nas may be adopted by Host Business Data from time to time<\/p>\n
“Netiquette”
\ngenerally accepted standards of conduct relating to use of the Internet including,
\nwithout limitation, not sending unsolicited mass e-mail, not impersonating another
\nperson, and not misrepresenting oneself to have authorisation from another person
\nwhen one does not<\/p>\n
“Order Form” an order form provided by Host Business Data
\nas available on the Host Business Data Website or from the company by post or fax on
\nrequest, and completed by the Customer to indicate which Services it requires
\nand its agreement to these terms and conditions governing such provision<\/p>\n
“Relevant
\nLegislation” such laws of England and Wales and the Customers country as
\nrelate to data protection and any laws of England and Wales and the Customer’s
\ncountry governing Inappropriate Material<\/p>\n
“Services” the services
\nidentified on an Order Form to be provided by Host Business Data to the Customer pursuant
\nto these terms and conditions and any others specified by Host Business Data on such
\nOrder Form<\/p>\n
“Website” a website on the World Wide Web.<\/p>\n
In consideration for the payment of the Fees calculated correctly
\nin accordance with the Price List at the time of the completion of an Order Form
\nby the Customer, Host Business Data agrees to provide the Services.<\/p>\n
The Customer
\nagrees to make payment for the Services as follows:-<\/p>\n
2.1.2 by debit or credit
\ncard payment at the time of making the order if the Customer completes an Order
\nForm on-line; or<\/p>\n
2.1.3 by payment of invoice within 14 days of the invoice
\ndate if the Order Form is submitted by fax or post.<\/p>\n
2.2 If the Customer
\nfails to pay any invoice which is due and payable under this Agreement, Host Business Data
\nshall be entitled to charge interest on a daily basis on the overdue amount and
\non outstanding interest from the date of such failure until payment (both before
\nand after judgment) at an annual rate of 4% above the base rate of LloydsTSB Bank
\nplc for the time being in force.<\/p>\n
2.3 Non-delivery or non-performance of
\nservices by any third party other than Host Business Data’s sub-contractors shall not
\ngive the Customer any right to delay any payment to Host Business Data or to make any
\nclaim whatsoever against Host Business Data.<\/p>\n
2.4 If Host Business Data does not receive
\npayment in full within 28 days of the date of the invoice, it may terminate this
\nAgreement as regards any Service requested by the Customer without further obligation
\nto the Customer.<\/p>\n
2.5 For the purposes of this Agreement, time of payment
\nis of the essence.<\/p>\n
3.1 The Customer hereby agrees fully
\nto indemnify, keep indemnified and hold harmless Host Business Data, its officers,
\nemployees, agents, sub-contractors and affiliated companies from and against any
\nand all costs, claims, losses, damages or liability (whether civil or criminal)
\nand expenses (including, but not limited to, legal fees) sustained or incurred
\nby Host Business Data or its any of its officers, employees, agents, sub-contractors
\nor affiliated companies directly or indirectly and in any jurisdiction as a result
\nof:-<\/p>\n
3.1.1 the provision by Host Business Data to the Customer of any Service hereunder;
\nor<\/p>\n
3.1.2 any breach by the Customer of any of its warranties contained in
\nthis Agreement ; or<\/p>\n
3.1.3 any content material or required mode of operation
\nsupplied or specified by the Customer for any Service; or<\/p>\n
3.1.4 any breach
\nby the Customer of any of its obligations in this Agreement.<\/p>\n
The Customer hereby appoints Host Business Data to act on its
\nbehalf in conjunction with the provision of the Services.<\/p>\n
The Customer acknowledges
\nand accepts that to enable Host Business Data properly to provide the Services it must
\nco-operate with Host Business Data as required by Host Business Data and, without limitation
\nin particular:-<\/p>\n
4.2.1 the Customer must provide Host Business Data with accurate
\ndetails of its e-mail and physical addresses and promptly notify Host Business Data
\nin writing of any alterations thereto from time to time;<\/p>\n
4.2.2 the Customer
\nmust obtain the consent of individuals whose personal data are to be held on a
\ndomain name register or are otherwise provided to Host Business Data;<\/p>\n
4.2.3 keep
\nthe Customer’s user ID secure so that such ID is only used by the Customer or
\nthose authorised by the Customer;<\/p>\n
5.1 Host Business Data warrants that it will make reasonable endeavours to ensure that the services are
\nprovided as described in Host Business Data’s Website but because the Services are
\nprovided by means of computer and telecommunication systems Host Business Data makes
\nno warranties or representations that any Service will be uninterrupted or error-free.<\/p>\n
5.2 Host Business Data warrants that it has in place a year 2000 compliance programme
\nthe purpose of which is to ensure the Services are not disrupted by the century
\ndate change. In respect of the Services which do not involve any third party product
\nservice or deliverable, Host Business Data shall make reasonable endeavours to ensure
\nsuch Services are not interrupted by the century date change. Host Business Data relies
\non third party suppliers to provide uninterrupted Services and to the extent Services
\nare reliant on third party’s products and services, Host Business Data will endeavour
\nto procure confirmation from the relevant third parties that their products and
\nservices will not be affected by the century date change or failing receipt of
\nsuch confirmation take such steps as are reasonably practical to ensure that the
\nservices are not disrupted by the century date change.<\/p>\n
5.3 Host Business Data supplies the Services in accordance with this Agreement and to the standards Host Business Data considers appropriate to the nature of services generally required by its customers,
\naccordingly to the maximum extent permitted by law, except as expressly stated
\nin these terms and in so far as required by law where the Customer has dealt as
\na consumer (as defined in the UK Unfair Terms in Consumer Contracts Regulations
\n1994), all implied conditions, warranties and terms (whether express or implied
\nby statute, common law, custom or otherwise) including, but not limited to, those
\nrelating to the exercise of reasonable care and skill, fitness for purpose and
\ndurability and satisfactory quality (where applicable) are hereby excluded in
\nrelation to each of the Services to be provided.<\/p>\n
6. LIMITATION OF LIABILITY<\/p>\n
Nothing under these terms limits Host Business Data’s liability for any fraudulent
\nstatement or for personal injury or death caused by Host Business Data’s negligence.
\nHowever, the customer acknowledges and takes notice that the services are not appropiate
\nfor use in circumstances where personal injury or death could arise from reliance
\non the services whether or not Host Business Data is negligent and that it should satisfy
\nitself as to the veracity of any statements made by Host Business Data or on Host Business Data’s
\nbehalf.<\/p>\n
The entire liability of Host Business Data, and the customer ‘s sole
\nand exclusive remedy, arising in respect of any tort, breach of duty (statutory
\nor otherwise) or breach of this agreement by Host Business Data (and whether or not
\nby Host Business Data’s negligence) is limited to the fee paid for the service or services
\nin respect of which the alleged tort or breach has arisen in the period of 12
\nmonths preceding the event giving rise to the liability<\/p>\n
In no event will
\nHost Business Data be liable to the customer for any indirect or consequential loss
\nor damage whatever (without limitation for example loss of business, loss of opportunity,
\nloss of profits)<\/p>\n
Even if Host Business Data has been advised of the possibility
\nof such loss or damage such advice shall not constitute the loss or damage if
\nit arises as direct loss or damage.<\/p>\n
Any liability of Host Business Data whatever
\narising under these terms or otherwise in respect of the service or any product
\nshall be deemed to end 12 months after the date on which the customer ought reasonably
\nto have known of the event giving rise to the liability. For the avoidance of
\ndoubt, the customer acknowledges and agrees that no claims or actions by the customer
\ncan be validly made after the expiry of 12 months following such date.<\/p>\n
7.1
\nHost Business Data may terminate this Agreement by notice in writing to the Customer
\nhaving immediate effect if:<\/p>\n
7.1.1 the Customer is in breach of any of its obligations
\nunder this Agreement;<\/p>\n
7.1.2 the Customer is a company and a resolution is
\npassed for its winding up or a petition for its liquidation is presented; or<\/p>\n
7.1.3
\nthe Customer is an individual and a petition for bankruptcy is presented against
\nit; or<\/p>\n
7.1.4 a receiver or liquidator (where the Customer is a company)
\nor (where the Customer is an individual) a trustee in bankruptcy is appointed
\nover it or any of its assets; or<\/p>\n
7.1.5 the Customer proposes or enters into
\nany arrangement or composition with or for its creditors (including any voluntary
\narrangement).<\/p>\n
7.2 In the event that any of the circumstances identified
\nin clause 7.1 arises, Host Business Data shall have the option to terminate this Agreement
\nas regards all Services provided or to be provided or only as regards that Service
\nor those Services in respect of which the breach is considered by Host Business Data
\nto have been committed; and<\/p>\n
7.3 In the event that any of the circumstances
\nidentified in clause 7.1 arises, Host Business Data shall be entitled to retain any
\nsums paid to it by the Customer hereunder and recover any sums due to it pursuant
\nhereto whether invoiced or not at the date of termination.<\/p>\n
7.4 Either party
\nmay terminate this Agreement on one month’s written notice served in accordance
\nwith clause 9.6 (Notices).<\/p>\n
8. CONFIDENTIALITY<\/p>\n
8.1 Each of the parties
\nagrees (subject to clauses 8.2 and 8.3) not to:<\/p>\n
8.1.1 disclose any Confidential
\nInformation received from the other party; or<\/p>\n
8.1.2 make any use of any
\nsuch Confidential Information other than for the purposes of performance of this
\nAgreement.<\/p>\n
8.2 Each party may disclose Confidential Information received
\nfrom the other to its responsible employees, consultants, sub-contractors or suppliers
\nwho need to receive the information in the course of performance of this Agreement.<\/p>\n
8.3
\nThe confidentiality obligations under clause 8.1 shall not apply to any information
\nwhich:<\/p>\n
8.3.1 is or subsequently becomes available to the general public
\nother than through a breach by the receiving party; or<\/p>\n
8.3.2 is already
\nknown to the receiving party before disclosure by the disclosing party;<\/p>\n
8.3.3
\nis developed through the independent efforts of the receiving party; or<\/p>\n
8.3.4
\nthe receiving party rightfully receives from a third party without restriction
\nas to use.<\/p>\n
9. GENERAL<\/p>\n
9.1 Subject to clause 9.2, this written Agreement
\ntogether with the Order Form(s), constitutes the entire agreement between the
\nparties hereto relating to the subject matter hereof and save in respect of fraudulent
\nstatements supersedes all prior agreements, arrangements, understandings and representations
\n(whether oral, written or otherwise) made by or between the parties and each party
\nacknowledges that it has not relied on any representation made by the other party
\nunless such representation is expressly included herein.<\/p>\n
9.2 No change,
\nalteration or modification to this Agreement shall be valid unless in writing
\nreferencing this Agreement and signed by the Customer and Host Business Data.<\/p>\n
9.3
\nIf any provision of this Agreement or part thereof shall be void for whatever
\nreason, the offending words shall be deemed deleted and the remaining provisions
\nshall continue in full force and effect.<\/p>\n
9.4 The rights and obligations
\nof the Customer under this Agreement are personal to the Customer and the Customer
\nundertakes that it shall not nor purport to: assign, lease, charge, sub-license,
\nor otherwise transfer such rights and obligations in whole or in part.<\/p>\n
9.5
\nHost Business Data reserves the right to sub-contract any of the work required to fulfil
\nits obligations hereunder.<\/p>\n
9.6 All notices which are required to be given
\nunder this Agreement shall be in writing and shall be sent to the address of the
\nrecipient set out on the front page of this Agreement or such other address or
\nelectronic mail address as the recipient may designate by notice given in accordance
\nwith this clause. Any such notice may be delivered personally, by first class
\npre-paid letter by facsimile transmission or electronic mail and shall be deemed
\nto have been received:-<\/p>\n
by hand delivery – at the time of delivery provided
\nthat it is handed over to a senior employee or officer of the recipient company,<\/p>\n
by
\nfirst class registered post – 48 hours after the date of mailing in the United
\nKingdom, or<\/p>\n
by facsimile – on receipt of telephone confirmation of receipt
\nfrom the intended recipient, or<\/p>\n
by electronic mail – on receipt of telephone
\nconfirmation of receipt from the intended recipient.<\/p>\n
9.7 Neither party shall
\nbe liable for any loss suffered by the other party or be deemed to be in default
\nfor any delays or failures in performance hereunder (other than in relation to
\npayment) resulting from acts or causes beyond its reasonable control or from any
\nacts of God, acts or regulations of any governmental or supra-national authority.<\/p>\n
9.8
\nAny delay or forbearance by either party in enforcing any provisions of this Agreement
\nor any of its rights hereunder shall not be construed as a waiver of such provision
\nor right thereafter to enforce the same.<\/p>\n
9.9 Clause headings have been included
\nin this Agreement for convenience only and shall not be considered part of, or
\nbe used in interpreting, this Agreement.<\/p>\n
9.10 This Agreement shall be governed
\nby the laws of England and the parties submit to the exclusive jurisdiction of
\nthe Courts of England and Wales.<\/p>\n
10.
\nTogether with the terms of Section 1 above, the terms set out in this Section
\n2 identify the extent of the domain name registration services provided by Host Business Data
\nand the Customer’s obligations in relation thereto.<\/p>\n
11. The Customer recognises
\nand accepts that:-<\/p>\n
11.1 While Host Business Data will make reasonable endeavours
\nto achieve a successful registration and keep the Customer notified of the progress
\nof the registration application, because of the nature of the registration process,
\nHost Business Data reserves the right to reject any request by a Customer to register
\nany particular domain name or to discontinue processing such a request if Host Business Data
\nconsiders such application might expose Host Business Data to legal or other proceedings.<\/p>\n
11.2 Subject to clause 2 and clause 13, the extent of Host Business Data’s service
\nin relation to the registration of domain names is:-<\/p>\n
11.2.1 to forward the
\nCustomer’s application to the appropriate Registry;<\/p>\n
11.2.2 to provide administrative
\nsupport in securing the registration;<\/p>\n
11.2.3 to notify reasonably promptly
\nthe Customer of the outcome of the application;<\/p>\n
11.2.4 in the event of re-registration,
\nto endeavour to notify the Customer of the renewal date for such re-registration
\nand only to complete such renewal on payment by the Customer of the renewal fees.<\/p>\n
11.3 Subject to Host Business Data using reasonable endeavours to notify the
\nCustomer prior to the domain name registration renewal date(s) by fax, email or
\npost at the addresses or number most recently provided by the Customer pursuant
\nto clause 4.2.1, Host Business Data accepts no responsibility for the Customer’s use
\nor retention of a domain name once registered<\/p>\n
11.4 Without prejudice to
\nclause 6 above, Host Business Data shall not be liable to the customer for any direct,
\nindirect or consequential loss, damage cost or expense including without limitation
\nany loss of profit, business or anticipated savings suffered by customer on account
\nof a failure to obtain or loss of a domain name;<\/p>\n
11.5 Domain name registries
\nretain the right at their discretion to register or refuse to register a domain
\nname applied for by Host Business Data on behalf of the Customer therefore without
\nprejudice to clause 5 above, Host Business Data makes no warranty or representation
\nof any kind in relation to the likelihood or otherwise of a particular domain
\nname application being successful;<\/p>\n
11.6 The Customer’s use of the domain
\nname once registered may be challenged by a third party; if so, or if any other
\ndispute arises the procedures laid down by the relevant registry will apply and
\nthese may include the suspension or revocation of a Customer’s application for
\na domain name or the registration of a domain name allocated to the Customer and
\nunless otherwise agreed by the parties in writing signed by an officer of Host Business Data,
\nHost Business Data will have no responsibility or involvement in relation thereto;<\/p>\n
11.7
\nIt is the Customer’s responsibility to pay any and all renewal charges to the
\nrelevant registry in respect of each domain name registered by Host Business Data on
\nthe Customer’s behalf;<\/p>\n
11.8 As is common domain name registration practice,
\ndomain names are registered on a first come, first served basis;<\/p>\n
11.9 The
\nregistration of a domain name does not confer any legal rights to a name or its
\nuse and any disputes between the Customer and a third party are to be settled
\nusing normal legal methods. The Customer agrees that Host Business Data will not be
\ndrawn into any such argument or dispute in any circumstances unless otherwise
\nagreed by the parties in writing signed by an officer of Host Business Data;<\/p>\n
11.10
\nAn application for the registration of a domain name cannot be treated as having
\nbeen successful until the Customer is issued with a “Registration Certificate”
\nfrom the relevant registry. The Customer agrees not to take any action in respect
\nof a requested domain name until such a certificate has been issued to the Customer.<\/p>\n
12. The Customer warrants to Host Business Data that:-<\/p>\n
12.1 all information
\nprovided by the Customer to Host Business Data is true and correct, and that any additions
\nor alterations thereto in the future will also be true and correct;<\/p>\n
12.2
\nit has the legal right to apply for and use the domain name(s) as a Website address;
\nand<\/p>\n
12.3 the domain name(s) and its use as a Website address does not and
\nwill not infringe the Intellectual Property Rights or any other rights of a third
\nparty.<\/p>\n
13.1 The Customer acknowledges:<\/p>\n
13.1.1 that the application
\nprocess, registration and subsequent use of any domain name is subject to the
\nthen current terms and conditions and policies of the relevant registry and the
\nCustomer agrees to abide by all such rules and policies; and<\/p>\n
13.1.2 accordingly,
\nthe Customer undertakes to read those terms and conditions and policies before
\napplying for a domain name (copies are generally available from the relevant registry’s
\nWebsite and are available from Host Business Data by email or post on request) and to
\ncomply with them.<\/p>\n
13.2 If the Customer’s application for a particular domain
\nname is rejected, Host Business Data will return to the Customer any payments received
\nin respect of that application less a thirty pounds sterling administration fee
\nprovided that the Customer has not breached its obligations in this Agreement.<\/p>\n
13.3
\nIf the customer wishes to change the “tag” or registrar of a domain name to another
\ndomain name registration company there is a \u00a325 + vat charge for this. There is
\nonly a charge of \u00a310 + vat to change the dns entries for a domain that has the
\nsame effect except that you will continue to be billed on an annual basis for
\nthe registry fees. Please discus with Host Business Data before taking any action along
\nthese lines.<\/p>\n
RENEWAL OF DOMAINS<\/b><\/p>\n
13.4 If the the customer fails
\nto pay Host Business Data the renewal fee at least 72 hours, not including the weekends,
\nfor a domain name prior to the renewal date, whether such fee is demanded or not,
\nand as a result their service is suspended in anyway by Nominet or any ICANN partner
\nHost Business Data cannot be held liable for any loss. In the event of a successful
\nrenewal after the expiry date there will be a fee. The fee for the reactivation
\nof a .com name will be \u00a3100 and for a .co.uk \u00a350.<\/p>\n
13.5 Host Business Data will endeavour to contact the customer about the renewal of a
\ndomain prior to the expiry date via post and email using the following schedule<\/p>\n
13.6 Important:
\nIt is the responsibility of the customer to contact Host Business Data if they want
\nto renew a domain. If the customer has not updated Host Business Data of new contact
\ndetails or has not responded we cannot be held responsible for the subsequent
\ndeletion of the name.<\/b><\/p>\n
Pricing of Renewals – For .com domains renewed
\nless than 3 weeks prior to expiry will be liable to a \u00a320 additional charge.
\nAn invoice will be sent out 5 weeks prior to renewal.<\/p>\n
14. Together with the terms of Section 1 above, the terms set out
\nin this Section 3 identify the extent of the Website hosting services provided
\nby Host Business Data and the Customer’s obligations in relation thereto.<\/p>\n
15. The
\nCustomer will provide and post to Host Business Data’s server hosting the Customer’s
\nWebsite only Material which is “server-ready” and which requires no additional
\nmanipulation on the part of Host Business Data. Host Business Data shall be under no obligation
\nto validate such Material as not containing Inappropriate Material or for content,
\ncorrectness, legality or usability.<\/p>\n
16. The Customer recognises that using
\nHost Business Data’s Website hosting Service requires a certain level of knowledge
\non the Customer’s or its web development agency’s part, without limitation for
\nexample knowledge of hyper text mark up language or file transfer protocol and
\nother protocols, languages and software, and that it is the Customer’s or its
\nweb development agency’s responsibility to upload the content of the Customer’s
\nWebsite and to check such content functions satisfactorily. If requested by the
\nCustomer, Host Business Data may be able to recommend a suitable web development agency
\nto assist the Customer to exploit its Website hosted by Host Business Data’s Server.<\/p>\n
17. The Customer warrants that it has the necessary knowledge referred
\nto in clause 15 above and acknowledges that whilst Host Business Data may endeavour
\nto assist the Customer on a “good-will” basis, it is not the responsibility
\nof Host Business Data to provide such knowledge or to provide the Customer with support
\nand assistance in relation to its Website hosted by Host Business Data’s Server unless
\notherwise agreed in writing with Host Business Data.<\/p>\n
18. The Customer acknowledges
\nand accepts that it bears sole responsibility, legal and otherwise, for the content
\nof all Material appearing on its Website hosted by Host Business Data’s Server. For
\nthe avoidance of doubt, this clause shall apply to all Material, whether posted
\non to the Host Business Data server by or on behalf of the Customer, whether by Host Business Data
\nor a third party.<\/p>\n
19. The Customer warrants, represents and undertakes in
\nrelation to all Material (including any Material which it requests Host Business Data
\nor any third party to post on its Website hosted by Host Business Data’s Server) that:<\/p>\n
19.1
\nit is not Inappropriate Material;<\/p>\n
19.2 the Customer either has sole ownership
\nof all Intellectual Property Rights in such Material in each jurisdiction from
\nwhich the Website may be accessed and\/or has obtained full and effective licence(s)
\nfrom all relevant third parties allowing the Customer or a third party acting
\non behalf of the Customer to use the Material and to permit its dissemination
\nworld wide;<\/p>\n
20. The Customer undertakes not to link to any Inappropriate
\nMaterial from its Website.<\/p>\n
21. Host Business Data shall retain the right at all
\ntimes to refuse to host any Material and to suspend availability of the Website
\nand\/or to remove any Material already appearing on the Website which in the opinion
\nof Host Business Data:<\/p>\n
21.1 constitutes or would if posted constitute Inappropriate
\nMaterial;<\/p>\n
21.2 breaches or would if posted breach Relevant Legislation or
\nany other applicable regulations, standards or codes of practice (notwithstanding
\nthat compliance may not be compulsory); and\/or<\/p>\n
21.3 harms or would if posted
\nharm the reputation of Host Business Data in any way.<\/p>\n
22. Host Business Data’s rights
\nto suspend availability of the Customer’s Website and\/or remove content under
\nclause 21 above shall be without prejudice to the Customer’s sole responsibility
\nfor content of the Website under clause 18 and to the warranties given by the
\nCustomer relating to that content in clause 19.<\/p>\n
23. Hosting of Material
\nby Host Business Data on the Customer’s Website shall not under any circumstances constitute
\na waiver of any of its rights in relation to such Material or of its rights in
\nrelation to any breach of the Customer’s obligations under this Agreement.<\/p>\n
24.
\nThe Customer undertakes:<\/p>\n
24.1 to fully virus-check all data supplied to
\nHost Business Data pursuant to this Agreement;<\/p>\n
24.2 not to embark on any course
\nof action, whether by use of its Website or any other means, which may cause a
\ndisproportionate level of Website activity without providing at least seven day’s
\nprior notice in writing to Host Business Data;<\/p>\n
24.3 to keep secure from third
\nparties any passwords issued to the Customer by Host Business Data in connection herewith;<\/p>\n
24.4
\nto observe the limitations on data transfer notified to it by Host Business Data and
\nagree, if such limits are exceeded, to pay the appropriate excess charge at Host Business Data’s
\nthen current rates.<\/p>\n
25.
\nTogether with the terms of Section 1 above, the terms set out in this Section
\n4 identify the extent of the e-mail services provided by Host Business Data and the
\nCustomer’s obligations in relation thereto.<\/p>\n
26. The Customer undertakes that
\nit will not (and will ensure that others under its control will not) via e-mail:<\/p>\n
26.1
\ntransmit Inappropriate Material;<\/p>\n
26.2 infringe the Intellectual Property
\nRights of any third party;<\/p>\n
26.3 contravene Netiquette;<\/p>\n
26.4 make
\nuse of Host Business DataHost Business Data’s Server to an extent or in a manner which in Host Business Data’s
\nreasonable opinion is excessive, wasteful or otherwise to the detriment of Host Business Data,
\nany of Host Business Data’s customers or any other third party, including but not limited
\nto:-<\/p>\n
26.4.1 the transmission of bulk e-mail (“spamming”); or<\/p>\n
26.4.2
\n“flaming”.<\/p>\n
27. When sending e-mail, the Customer acknowledges that it
\nis responsible for complying with any Relevant Legislation.<\/p>\n
28. The Customer
\nacknowledges and agrees that Host Business Data is not responsible for the security
\nof the contents of e-mail sent or received by the Customer.<\/p>\n
29. Host Business Data
\nwill use its reasonable endeavours to ensure that messages are routed accurately
\nand promptly but does not accept any liability for non-receipt, non-delivery or
\nmisrouting of e-mail or any other failure of the e-mail system.<\/p>\n
30. Host Business Data’s
\npolicy is to respect the privacy of e-mail messages sent, received forwarded or
\notherwise dealt with by it and the Customer acknowledges that Host Business Data will
\ntherefore not monitor, edit or disclose the contents of such messages unless required
\nto do so by law or competent authority or to protect Host Business Data’s rights and\/or
\nposition.<\/p>\n
31. Together
\nwith the terms of Section 1 and Section 3 above, the terms set out in this Section
\n5 identify the extent of the housing of the Customer’s computer server(s) provided
\nby Host Business Data and the Customer’s obligations in relation thereto.<\/p>\n
32. Host Business Data
\nshall:<\/p>\n
32.1 provide adequate storage space for one standard size server
\n(7u) to house the Customer’s computer server(s) in Host Business Data’s air-conditioned
\npremises;<\/p>\n
32.2<\/p>\n
provide 3 hours of support and assistance in installing
\nthe Customer’s computer server(s);<\/p>\n
32.3 on notice of not less than 48 hours<\/p>\n
make the Customer’s computer server(s) accessible to the Customer for two one hour sessions during 10 am to 4 pm Monday to Friday on English working days per week;<\/p>\n
32.4<\/p>\n
provide an uninteruptible power source to connect to the Customer’s
\ncomputer server(s);<\/p>\n
32.5<\/p>\n
provide an internet protocol address for the Customer’s Website hosted by the Customer’s computer server(s) housed by Host Business Data;<\/p>\n
32.6<\/p>\n
provide a 10 Mb per second ethernet connection to Host Business Data’s local area network which in turn connects to Host Business Data’s internet service providers<\/p>\n
33.
\nWithout prejudice to the provisions of clause 6 above, Host Business Data accepts no
\ndirect, indirect or consequential liability whatsoever in respect of loss or damage
\nto the customer’s computer server(s) whilst housed by Host Business Data or any loss
\nor damage to the customer’s business resulting therefrom and the customer agrees
\nthat it is its own responsibility to take out and maintain appropriate insurance.<\/p>\n