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Hosting Terms & Conditions
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Where the context admits: "We" refers to Mtecuk.com Limited trading as HostFinders, Birmingham. "You" includes
the person 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. In consideration of the mutual covenants herein, the
parties agree to the following, which shall apply during the term of this
agreement:
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We shall not be liable for any claim or right to recover damages,
including, but not limited to, loss of profit or data, or other similar claims,
even if we have been specifically advised of the possibility of such
damages.
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Every account comes with a 30-day money back guarantee*. Setup fees and
other money paid to third parties (e.g. InterNIC) are not a part of this
guarantee.
You must notify us of your will to cancel your membership,
within those 30 days. Acceptable means of cancellation are: e-mail message sent
to us at billing@hostfinders.co.uk
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Money back guarantee does not apply for additional services,
including, but not limited to: additional pop3 and/or other accounts, extra
traffic or disk space, software.
Money back guarantee does not apply if you
violate any of the terms, listed in this document.
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All fees are paid in advance for the upcoming 12-month period.
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Foreign domains are welcome. However, you will have to register the domain
manually. We provide you with the name-server data you need.
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None of our services can be used for illegal purposes. That
includes, but is not limited to: storage or transmission of information, data or
files that violate the United Kingdom law.
Such information/data includes,
but is not limited to: pirated software, copyrighted data and links to sites
that provide such software/data.
You will not post, link to or
transmit:
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Any material that is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way.
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Any material containing a virus or other
hostile computer program.
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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.
The definitions of the above items are left at our
discretion.
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None of the servers may be the source,
intermediary, or destination address involved in the transmission of Spam,
flames or mail bombs. Your domain may not be referenced as originator,
intermediary, or reply-to address in any of the above. We consider Spam to be
any unsolicited commercial (UCE) or unsolicited bulk email (UBE) in the mediums
of Newsgroups, Fax, and Email. If you are found to have spammed, then we reserve
the right to immediately, without warning, disable your domain. In addition, we
will impose a £1000 penalty for each Spam policy violation. We reserve the right
to refuse or cancel service to known Spammers. Furthermore, we reserve the right
to determine what violates this policy.
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Pornography and
sex-related
merchandising are also prohibited on all servers. This
includes sites that may infer sexual content, or link to adult content
elsewhere. This is also true for sites that promote any illegal activity or
content that may be damaging to our servers or any other server on the Internet.
Links to such materials are also prohibited. Moreover, any site selling or
promoting bulk email software, service, or addresses is forbidden.
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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 loss, theft or unauthorised disclosure of your password or other
security information.
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You shall observe the procedures that we may from time to time prescribe
and shall make no use of the Server that is detrimental to our other
customers.
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You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and a secure manner.
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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.
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Each domain has its own cgi-bin directory. You are free to install
and use whatever scripts you wish, but we reserve the right to disable any CGI
script that might effect the normal server operation.
- Installing
custom chat rooms is not allowed. Chat room software use large amount of system
resources. For nominal monthly charge, you can have installed one chat room per
domain.
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Leaving background processes running after logging out is
also disallowed.
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We reserve the right to refuse or cancel service at our sole
discretion.
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Any violation of these guidelines will result in
immediate deactivation of services without refund.
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You shall obtain any and all necessary consents and clearances to enable
you lawfully to make use of all and any intellectual property rights through the
Services, including without limitation, clearance and/or consents in respect of
your proposed domain name.
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All payments (other than payments made Online) must be in UK Pounds
Sterling. If your cheque is returned by the bank as unpaid for any reason, you
will be liable for a "returned cheque" charge of £25.
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Indemnity
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 this Agreement.
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We shall use our reasonable endeavour 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 downtime of the Server.
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Each hosting package is sold for a single domain user and must not be
resold to multiple users. If a user is seen to have resold space to a third
party then the account will be disabled and the user asked to purchase further
packages. Failure to adhere to this request within 7 days will result in
cancellation of the service without a refund.
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If your account is disabled for any reason a reinstatement charge of £19.99 shall apply.
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This Agreement shall be governed by and construed in accordance with English
law and you hereby submit to the non-exclusive jurisdiction of the English
courts.
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