Acceptable Use Policy
We expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
Our Acceptable Use Policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform the individual or company concerned when and why any action has been taken. Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses:
Illegality
In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material.
Undesirable Content
Certain types of content are not permitted on our network. We do not host adult content of any description. We will not host any site that actively displays or promotes prejudice and discrimination on the grounds of race, colour, ethnic origin, nationality, sex, disability, age, religion or creed. We will not host sites for any organisation that we believe knowingly supports exploitative working practices, cruelty or tyrannical regimes.
Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.
Bulk Email
The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.
Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.
Terms of Business - hosting and domain name registration services
These Terms of Business apply to hosting and domain name registration
services.
Where the context admits: "We", "Us" and “Our” includes
Ecopraxis and Leaping Hare, trading names of D A Smith, of: I Primrose
Cottage, Middle Street, Bradpole, Bridport, Dorset DT6 3HX United Kingdom
or any party acting on Our implicit instructions. "You" and “Your” includes
the person or organisation purchasing the Services or any party acting
on the customer's instructions. "The Registrant" includes
the person applying for a domain name or any party acting on the Registrant's
instructions. "The Registry" the relevant domain names
Registry. "Server" means the computer server equipment operated
for Us in connection with the provision of the Services. "Web
Site" means the area on the Server allocated by Us to You for use
by You as a site on the Internet.
The relationship entered into between You and Us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between You and Us.
1. Domain Name Registration
1.1. We make no representation that the domain name You wish to register
is capable of being registered by or for You or that it will be registered
in Your name. You should therefore not assume registration of Your
requested domain name(s) until You have been notified that it has or
they have been registered. Any action taken by You before such notification
is at Your risk.
1.2. The registration and use of Your domain name is subject to the terms
and conditions of use applied by the relevant Registry; You shall ensure
that You are aware of those terms and conditions and that You comply
with them.
1.2.1. By registering a .uk domain name, You enter into a contract of
registration with Nominet UK on the terms and conditions published at
http://www.nominet.org.uk.
1.3. You shall have no right to bring any claim against Us in respect
of any refusal to register a domain name by the relevant registration
authority.
1.4. Any administration charge paid by You to Us shall be non-refundable
notwithstanding refusal by the Registry to register Your desired name.
1.5. 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 Registry but will not be obliged
to take part in any such dispute.
1.6. We shall not release any domain to another provider unless full
payment for that domain has been received by Us
2. Web Site Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy
or quality of information received by any person via the Server and
We shall have no liability for any loss or damage to any data stored
on the Server.
2.2. You represent, undertake and warrant to Us that You will use the
Web Site allocated to You only for lawful purposes and to promptly inform
Us if this clause or any subclause of this clause has been breached or
You become aware that they may have been breached. In particular, You
represent, warrant and undertake to Us.
2.2.1. 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.
2.2.2. You will not upload, post, link to or transmit:
2.2.2.1. any material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way.
2.2.2.2. any material containing a virus or other hostile computer program.
3.2.2.3. any material which constitutes, or encourages the commission
of, a criminal offence or which infringes any patent, trade mark, design
right, copyright or any other intellectual property right or similar
rights of any person which may subsist under the laws of any jurisdiction.
2.2.2.4. any material which is forbidden by our acceptable use policy
which is published on this page
2.2.3. You will not send bulk email whether opt-in or otherwise from
Our network. Nor will You promote a site hosted on Our network using
bulk email.
2.2.4. You will not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory.
2.2.5. any file You store on the Server will be reachable via a hyperlink
from a page on Your site.
2.3. We reserve the right to remove any material that We deem inappropriate
from Your Web Site without notice to You.
2.4. 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 but not limited to loss, theft or unauthorised
disclosure of Your password or other security information.
2.5. You shall observe the procedures that We may from time to time prescribe
and shall make no use of the Server which is detrimental to Our other
customers.
3.6. You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
2.7. 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.
2.8. Any access to other networks connected to Us or Our providers
must comply with the rules appropriate for those other networks.
2.9. 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.
2.10. No more than one log-in session under any one account may be used
at any time by You. If You have multiple accounts, You are limited to
one login session per system account at any time.
3. Service Availability
3.1. We shall use Our reasonable endeavours to make available to You
at all times the Server and the Services but We shall not, in any event,
be liable for interruptions of Service or down-time of the Server.
4. Payment
4.1. All charges payable by You for the Services shall be in accordance
with the prices and rates agreed with You, errors and omissions excepted,
and shall be due and payable in advance of provision of the Services.
4.2. We reserve the right to change pricing at any time although all
pricing is guaranteed for the period of pre payment.
4.3. Payment is due each anniversary month, quarter or year following
the date the Services were established until closure notice is given
in accordance with 5.4. If You choose to pay by credit or debit card,
when that facility becomes available, You authorise Ecopraxis to debit
Your account renewal fees from Your card.
4.4. All payments must be in UK Pounds Sterling.
4.5. If Your cheque is returned by the bank as unpaid for any reason,
You will be liable for a "returned cheque" charge of £35.
4.6. 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 but not obliged forthwith to suspend the provision of Services
to You.
5. Termination And Refunds
5.1. We shall be entitled to suspend the Services and/or terminate this
Agreement forthwith without notice to You If You:
5.1.1. fail to pay any sums due to Us as they fall due.
5.1.2. break any of these terms and conditions.
5.1.3. are a company and You go into liquidation or suffer the appointment
of an administrator or administrative receiver or enter into a voluntary
arrangement with Your creditors.
5.2. No refunds will be made under any circumstances for Services suspended
in accordance with 5.1.
5.3. We reserve the right to suspend the Services and/or terminate this
Agreement at any time. In the event of this You will be entitled to a
pro rata refund based upon the remaining period of prepayment.
5.4. You may cancel the Services at any time. To do so You must request
cancellation of the Services in writing including Your account username
and password. We will cancel the Services within 7 working days of receipt
of Your request.
5.5. Domain name registration fees, charges for additional data transfer
and charges for optional extras added to Your account are not refundable
under any circumstances.
5.6. Where payment has been made by credit or debit card, when this facility
become available, any refund will only be issued to the same credit or
debit card.
5.7. On termination of this Agreement or suspension of the Services We
shall be entitled immediately to stop access to Your Web Site and to
remove all data located on the Server.
6. Indemnity
6.1. You shall indemnify Us and keep Us indemnified and hold Us harmless
from and against any breach by You of these terms of business and any
claim brought against Us by a third party resulting from the provision
of Services by Us to You and Your use of the Services and the Server
including, without limitation, all claims, actions, proceedings, losses,
liabilities, damages, costs, expenses (including reasonable legal costs
and expenses), howsoever suffered or incurred by Us in consequences
of Your breach or non-observance of any of the terms of this Agreement.
7. Limitation of Liability
7.1. 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 to the extent applicable under UK law, subject
always to sub clause 7.2.
7.2. Nothing in these terms and conditions shall exclude Our liability
for death or personal injury resulting from Our negligence.
7.3. 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 that are the subject of any such claim.
7.4. In any event no claim shall be brought unless You have notified
Us of the claim within one month of it arising.
7.5. In no event shall We be liable to You for any loss of business,
contracts, profits or anticipated savings or for any other indirect or
consequential or economic loss whatsoever.
8. Notices
8.1. Any notice to be given by either party to the other may be sent
by either email, fax or recorded delivery to the address of the other
party as appearing in this Agreement or ancillary application forms
or such other address as such party may from time to time have communicated
to the other in writing, and if sent by email shall unless the contrary
is proved be deemed to be received on the day it was sent or if sent
by fax shall be deemed to be served on receipt of an error free transmission
report, or if sent by recorded delivery shall be deemed to be served
two days following the date of posting.
9. Non-Waiver
9.1 Any forbearance or failure by Us to enforce a contractual provision
to which You are subject shall not affect Our right to require such
performance at any subsequent time, nor shall the waiver or forbearance
by Us of any breach of any provisions of the agreement herein be taken
to be or held to be a waiver of the provision or provisions itself
of themselves.
10. Law
10.1. This Agreement shall be governed by and construed in accordance
with English law and You hereby submit to the exclusive jurisdiction
of the English courts.
11. Headings
11.1. Headings are included in this Agreement for convenience only and
shall not affect the construction or interpretation of this Agreement.
12. Entire Agreement
12.1. These terms and conditions together with any documents expressly
referred to in them, contain the entire Agreement between Us relating
to the subject matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral: between Us
in relation to such matters. No oral explanation or oral information
given by any party shall alter the interpretation of these terms and
conditions. In agreeing to these terms and conditions, You confirm
that You have not relied on any representation other than those expressly
stated in these terms and conditions and You agree that You shall have
no remedy in respect of any misrepresentation which has not been made
expressly in this Agreement.
Version 1.0
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