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Terms and Conditions of use.
This is a legal document. All i4Web customers are bound by it, use of any of our services constitutes acceptance ot this agreement.
You must read and agree to all terms in this document before using our services.
What is this?
The agreement below is a legal agreement between i4Web and our customers. If you use any service provided by or affiliated with i4Web, you are legally bound by this agreement. Read it carefully before signing up and ensure that you understand and agree to all parts. Use of our services implies agreement with this contract.
Questions?
Any questions regarding this agreement should be sent to enquiries@i4web.co.uk prior to signing up for service.
Service Agreement
Last Updated: 6/05/2008
SERVICE AGREEMENT
THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you (“Client”) and i4Web.
WHEREAS, i4Web owns, distributes and provides various products and services for conducting business on the Internet including: SiteAdmin, BillAdmin, shared, and dedicated web hosting, cPanel licensing, and the i4Web family of services (hereinafter collectively referred to as the “Services”).
WHEREAS, the client desires to utilize some or all of the Services to develop, enhance or maintain the client's business and/or presence on the Internet.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
1. i4Web SERVICES
i4Web agrees to provide to the the client the Services agreed upon between i4Web and the the client as selected by the the client in i4Web's customer database that is contained at www.i4Web.co.uk
2. PAYMENT AND INVOICING
2.1 In consideration of the performance of the Services,the the client shall pay i4Web monthly in advance the amount set forth in i4Web's customer database as such records are amended from time to time for the Services during the term of this Agreement.
2.2 The client shall receive a confirmation letter via e-mail at the time the client contracts for the Services, which shall confirm the fees payable to i4Web. Thereafter, the the client shall receive a monthly billing statement for the upcoming month. The monthly billing statement shall indicate any changes in fees, which fees shall become effective upon thirty (30) days' notice as set forth in Section 2.4 herein.
2.3 the client is responsible for all activities and charges resulting from the client's use of the Services. the client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by the client and set forth in the monthly billing statement. the client acknowledges that no refunds will be given by i4Web in the event that the client's account is terminated by i4Web or the client mid-term. In the event of a breach of security, the client will remain liable for any unauthorized use of the Services until the client notifies i4Web by sending an e-mail with account information to enquiries@i4Web.co.uk
2.4 Current rates for using the Services may be obtained on our web site at www.i4Web.co.uk i4Web reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time. In addition, i4Web may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to the client upon sign up. If i4Web does not receive the full amount of the client's Service account balance within three (3) days of invoice date, a late charge equal to 1.5% per month or highest amount allowed by law per month will be added to the client's bill and shall be due and payable. the client shall also be responsible for all legal and collection fees arising from i4Web's efforts to collect any unpaid balance of the client's account(s) i4Web may terminate the client's account immediately without further notice to the client, if we are forced to take this action we will not be held liable for any direct/indirect loss of earnings as as result.
3. RESPONSIBILITIES AND RIGHTS OF i4Web
3.1 Means of Performance. i4Web shall provide the client with the i4Web managed hosting services, as described at www.i4Web.co.uk hereto. i4Web has the right to control and direct the means, manner, and method by which the host services are performed.
3.2 Support. i4Web shall provide a reasonable level of technical support to the client via email or Web page for the term of this Agreement.
3.3 Other Work. i4Web has the right to perform and license products to others during the term of this Agreement. i4Web may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its the clients. i4Web reserves the right to block any site hosted by i4Web that contains any content that i4Web deems in its sole discretion to be unacceptable or undesirable.
4. RESPONSIBILITIES AND RIGHTS OF CLIENT
4.1 the client. the client represents and warrants that (i) the client is at least eighteen (18) years of age, (ii) the client possesses the legal right and ability to enter into this Agreement, and (iii) the performance of the client's obligations and use of the Services by the client, its customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other i4Web the clients' use of Services. the client assumes all risks related to processing of transactions related to electronic commerce. the client agrees to provide i4Web with accurate, complete and updated information required by the registration of the i4Web host service (the client Registration Data), including the client's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). the client agrees to notify i4Web within thirty (30) days of any changes in the client's Registration Data.
4.2 Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, i4Web will have the right, in its sole discretion, to suspend or terminate immediately any Services.
4.3 Fees and Expenses. the client shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between the client and a third-party domain name registrar.
4.4 Third-Party Software. Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, the client agrees to be bound by the terms of such end user licenses regarding the applicable third-party software. the client consents and authorizes i4Web to delegate the authorizations the client provides to i4Web to its third party service provider(s) as i4Web deems necessary or desirable to provide the applicable Services. the client agrees that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. the client also agrees that all reference to “i4Web” within this Agreement and any incorporated terms are also deemed to include, where applicable, i4Web's agents, such as the third party service providers.
4.5 Advertising, Solicitation, and the client Name Harvesting. the client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the i4Web clients or other Internet users unless the client receives the express permission of such individuals. the client may not use the means of unsolicited advertising to advertise a site hosted on the i4Web network. the client may not use the Services to collect or “harvest” user-names of i4Web clients or other Internet users without the expressed prior permission of the member. i4Web reserves the right to block or filter mass email solicitations sent from sites hosted on the i4Web network.
4.6 Management of Site. the client shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, i4Web's then-standard Terms of Service (“TOS”) and any generally applicable guidelines and service standards published by i4Web. the client warrants that its site hosted on the i4Web network (i) will conform to the i4Web TOS attached hereto as Exhibit A; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.K. patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. i4Web shall have no obligations with respect to the content available on or through any site hosted on the i4Web network, including, but not limited to, any duty to review or monitor any such content. i4Web reserves the right to block any site that violates any of the above-stated terms, or which in i4Web's sole discretion, i4Web deems objectionable or offensive, or otherwise violates a law or i4Web policy, or, in the alternative, to terminate this Agreement in accordance with Section 7.3 herein.
4.7 Compliance Laws. the client agrees that it will use the Services only for lawful purposes and in accordance with this Agreement. the client will comply at all times with all applicable laws and regulations and the TOS, as updated by i4Web from time to time. The TOS are incorporated herein and made a part hereof by this reference. i4Web may change the TOS, with notice, which notice may be provided by posting such new TOS at the i4Web Site. the client may request a current copy of the TOS by sending or faxing a request to i4Web. the client agrees that it has received, read and understands the current version of the TOS.
4.8 Proprietary Rights. Unless otherwise specified, all work performed hereunder by i4Web, is the property of i4Web, and all title and interest therein shall vest in i4Web. To the extent that title to any such works may not, by operation of law, vest in i4Web all rights, title and interest therein are hereby irrevocably assigned to i4Web. All such materials shall belong exclusively to i4Web, and i4Web shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. the client agrees to give i4Web and any person designated by i4Web such reasonable assistance, at i4Web's expense, as is required to perfect the rights defined in this paragraph.
4.9 Marketing Rights. the client agrees that i4Web may refer to the client, or the client's business in i4Web marketing materials, the i4Web website, and communication to i4Web's current and prospective clients. the client grants i4Web a limited license and permission to use any the client trade name and/or trademark for such, and only for such, purposes.
5. LIMITATION OF LIABILITY, NO OTHER WARRANTY AND DISCLAIMER
5.1 Limitation. In the event that any limited guarantees are provided by i4Web, such limited guarantees are null and void if the client fails to follow i4Web's TOS and other policies or otherwise breaches this Agreement in any respect.
5.2 No Other Warranty. i4Web does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained there from is at the client's own risk. The Services are provided on an “as is” basis, and the client's use of the Services is at its own risk. Except as provided in the order form(s), i4Web does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. i4Web does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.
5.3 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. i4Web does not and cannot control the flow of information to or from i4Web's network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt the client's connections to the Internet (or portions thereof). i4Web cannot guarantee that such events will not occur. Accordingly, i4Web disclaims any and all liability resulting from or related to such events.
6. INDEMNIFICATION
the client agrees to indemnify, defend and hold i4Web and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys' fees, made by any person arising out of the client's violation of this Agreement, State or Federal Securities laws or regulations, or any other person's rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to a negligent act, will i4Web or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.
In no event will i4Web or its third party service providers be liable to the client or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by i4Web. i4Web and its third party service providers will under no circumstances be liable to the client and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if i4Web or its third party service providers has been advised of the possibility of such damages, resulting from: (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any user date, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. the client agrees that the client will not in any way hold i4Web responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the the client Services.
Because some countries prohibit the limitation of liability for consequential or incidental damages, in such countries the limitation of liability only with respect to consequential or incidental damages may not apply to the client, and the respective liability of i4Web and its third party service providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those countries.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of the client's remedies under this Agreement fail, then the client expressly agrees that under no circumstances will the total, aggregate liability of i4Web and its third party service providers, employees, distributors, agents or affiliates, to the client or any party claiming by or through the client for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
7. TERMINATION
7.1 Without Cause. This Agreement, with the exception of 7.6 may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than thirty (30) days' prior written notice of termination. No matter which party terminates the Agreement pursuant to this Section 7.1, any and all payment obligations of the client under this Agreement for Service(s) provided through the date of termination will immediately become due, and the client shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such thirty (30) day period.
7.2 For Cause. In addition to any other rights it may have under this Agreement or applicable law, i4Web may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) the client's breach or failure to comply with the TOS or other policies of i4Web. the client may terminate this Agreement if i4Web breaches any material term or written notice of same. If this Agreement is terminated by i4Web under this Section 7.2, all balance of the then current term shall immediately become due and payable. In addition to the foregoing, i4Web reserves the right to prohibit any conduct or to remove any materials or content in violation of the TOS or which i4Web believes in its sole discretion to be illegal or potentially harmful to others or may expose i4Web to harm or liability.
7.3 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services of this Agreement in accordance with its terms.
7.4 Survival. The following provisions will survive any expiration or termination of the Agreement: Section 4, 5, 6, 7, and 8.
7.5 IP Address. Upon expiration, cancellation or termination of this Agreement, the client shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to the client by i4Web or its network services supplier (but not the URL or top level domain connected therewith). i4Web reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.
7.6 Two Year Maintained Hosting Contract. Clients signing up to our two year contract do so on the understanding that the cost of the design of their site is met within their monthly payments over the two years. Cancellation within the two years constitutes breach of contract with the full amount of the remaining term becoming due.
8. GENERAL
8.1 Assignment. the client may not assign this Agreement or any of the client's rights or obligations hereunder without the prior written consent of i4Web, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties' respective successors and permitted assigns.
8.2 Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by Royal Mail, signed for receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to i4Web:
46 Fackley Road
Stanton Hill
Sutton In Ashfield
Notts
UNITED KINGDOM
NG17 3HG
If to the client:
To the client address provided at account set-up.
8.3 Governing Law. This Agreement, and all future agreements the client may enter into with i4Web, unless otherwise indicated on such other agreement, will be governed by the laws of the United Kingdom, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with i4Web in the UK or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, the client agrees to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
8.4 Modifications. No modifications, amendment, supplement to or waiver of this Agreement or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.
8.5 Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
8.6 Severability. In the event any one or more of the provisions of the Agreement or any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
8.7 Force Majeure. i4Web and its affiliates, agents, employees, or licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, ware, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.
8.8 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
8.9 Terms of Services. the client agrees to be bound by i4Web's TOS for all Services and products used by the client. The current TOS can be found on i4Web's website at www.i4Web.com. Should the client disagree with any updates to i4Web's TOS, it is the client's responsibility to notify i4Web of the client's desire to terminate their Services immediately.
8.10 Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND i4Web'S TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CLIENT AGREES TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREMEENT AND THE TOS.
CLIENT'S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION 7 HEREIN.
8.11 Entire Agreement. This Agreement, and the exhibits reference herein, sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which are different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.
8.12 No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity or an arbitrator, no provision herein shall be construed more harshly against either party as drafter.
Content
All services provided by i4Web Internet Solutions, may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any UK law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless i4Web, from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on any i4Web server. 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 i4Web servers or any other server on the internet. Links to such materials are also prohibited.
Examples of non-acceptable content or links
Pirated software
Bulk Email related products
Pornography/Nudity/Adult Content
Hacking/cracking related websites
Warez and/or copyrighted MP3s
Illegal material or material that is against public policy
Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)
i4Web will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund
Copyright Violations
i4Web will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.
System Resource Usage
If i4Web's system administration team determines that a customer's account is utilizing an unacceptable amount of system resources, i4Web may temporarily deactivate the account in question. If i4Web's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases.
i4Web will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
Domain Parking Circumvention
Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.
Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as a account option. the clients are free to use any of the chat systems that come available through our control panel on all accounts.
Background Running Programs (bots/daemons/monitors)
Customers are not permitted to run programs in the background on shared hosting servers. This tends to use a lot of system resources, and can impair service to other customers on that server.
Backups
i4Web's managed hosting accounts include a nightly backup service, however these backups are for i4Web's administrative purposes only, and are in NO WAY GUARANTEED Customers are responsible for maintaining their own backups on their own personal computers. i4Web does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on i4Web's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer, we also recommend a second back up on removable media such as a flash card or DVD. We make no guarantees about the availability of backups.
Support Abuse
At i4Web, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. We will issue a refund only for the unused portion of pre-paid service.
Cron Jobs
We do allow Cron Jobs to be conducted on our servers. You can setup and manage the cron jobs for your account from the "Cron" section of SiteAdmin.
IRC (Internet Relay Chat)
We do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.
Shell Access
Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to technical support before it can be used. The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any customer for any reason.
Unsolicited Email (SPAM)
SPAMing, or the sending of unsolicited email, from an i4Web server or using a return email address that is maintained on a i4Web server is STRICTLY prohibited. Using SPAM to advertise a site hosted on i4Web's network also constitutes as a violation of this provision. i4Web will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.
Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.
Server Abuse
Any attempts to undermine or cause harm to a i4Web server or customer of i4Web Internet Solutions, Inc. is strictly prohibited.
i4Web will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. i4Web will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.
Failure to Follow Policies
Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to i4Web's discretion). Any accounts and/or servers contained within i4Web's network must adhere to the above policies.
We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.
i4Web reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.
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