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Terms and
Conditions.......
CIRIUSWEB TERMS & CONDITIONS
Ciriusweb is the trading name of ciriusweb.co.uk. These are our terms and conditions of business. They
explain the basis on which we offer our services and in particular what you can expect from us and what we expect from you. The terms
and conditions are important and you should read them carefully. If there is anything in the terms and conditions that you do
not understand please contact Ciriusweb on 01761 453949
In our terms and conditions we use words that have special meanings as below :-
"Fees" means the fees that we charge for hosting your Web site on our server. The fees that you pay depend on
the Service that you have decided to purchase
"Service" means the service or services that you have chosen to purchase, as set out on your order form.
"we" or "us" means ciriusweb.
Swift Internet are an associate partner of
ciriusweb and provide hosting space and support where
applicable
1.) The Service we are providing
When we have processed your order and received any fees which are due from you, we will grant you a right to use the Service.
The right to use the Service is personal to you and will continue until our agreement with you comes to an end.
Use of the Service
In order for us to be able to provide the Service you must have the right computer equipment, a modem and a telephone line. The
particular computer equipment that you need depends on the Service that you wish to receive. The Fee that we charge for the Service
does not include providing you with any equipment or telephone lines. When you use the Service you may be making a telephone call to
a number which connects you to our network. The cost of the telephone calls you make to our network will be billed to you by your
telephone company which is paid by you. Remember that in general you are charged by your telephone company for the actual length
of time that you are connected to the Service and it is your responsibility to ensure that the call is charged at any special rate
that you may have agreed with your telephone company.
Who can use the Service?
The dial-up service allows only one connection may be made at any time using your user name and password.
2.) Passwords and Security
In the event we issue you with a password and user name. It is important that you keep these secret. If you
think that anyone else knows your password and/or user name you must tell us immediately and change your password. We may change your
password without first telling you if we think that it is being used by another person. If you are a corporate user, then the
company is also responsible, together with the individual using the account.
3.) Fees and charges
You agree that you will pay the appropriate Fees for the Service on time. All Fees must be paid in advance of the period of
use, and payment terms are 7 days from date of invoice. The amount payable by you will be set out on your order form. You
understand and agree that if you fail to make payments of Fees when they are due, we may charge interest on late payments at an
annual rate of interest equal to the base lending rate of National Westminster Bank plc plus 4%.
Your annual hosting subscription covers the cost of your selected package. We reserve the right to charge for additional
space or data transfer used at our current rates in force at any time.
4.) What we expect from you
You are entirely responsible for the content of your
web-pages. You agree to indemnify Ciriusweb for any claims
arising from the content of your Web Site. You may not,
under any circumstances, use Ciriusweb and their associated
hosting company to do any of the following: publish, post,
distribute, or other unlawful material or information or
otherwise violate the legal rights (including rights of
privacy and publicity) of others, engage in illegal or
unlawful activities make available / upload files that
contain software or other material protected by intellectual
property laws (or by rights of privacy or publicity) unless
you own or control the rights thereto or have received all
necessary consents; make available / upload files that
contain a virus or corrupted data falsify the source or
origin of software or other material contained in a file
that you make available on your web-pages act, or fail to
act, in your use of the web-pages, in a manner that is
contrary to applicable law or regulation. You are entirely
responsible for any civil or criminal liability which is
incurred as a result of your use of your web space. You
agree to accept full responsibility for the content of your
e-mail and web site and agree to indemnify ciriusweb against any civil or criminal liability which is incurred as a result of your use of the services.
You may not use the service for the distribution of unsolicited bulk e-mail known as "Spam". Users must not participate in any form of
unsolicited bulk e-mailing or Spam.
Spam is defined as "e-mail sent to addresses that do not
affirmatively and verifiably request such material from that
specific sender that includes advertisements or
solicitations, commercial or otherwise, regardless of
content." Without exception, ciriusweb and our associate
partner swift Internet
prohibits the practice spam of any type, regardless of content, and will take action to prevent this practice. We reserve the right
to terminate accounts and disallow further service without notice. Spam sent from other networks which reference e-mail accounts or
web sites hosted at Swift Internet shall be treated as if they originated from the account referenced, unless there is sufficient reason
given for Swift Internet operations staff to believe that the message truly originated with some unrelated party.
Likewise, postings made to the usenet newsgroups or other online forums which reference e-mail accounts or web sites
hosted at Swift Internet, and are deemed to be inappropriate according to the local ethical standards of that forum, may be treated
in the same manner as unsolicited bulk e-mail above. The Customer is responsible for ensuring that the services obtained from Swift
Internet, are used in an appropriate manner by their End Users. Therefore, the Customer must take steps to manage the use of the services
obtained in such a way that network abuse is minimized. The Customer must also make contact information publicly available, and must
respond in a timely manner to any complaints. Swift Internet shall consider any complaints regarding the Customer's End Users to apply
to the Customer.
5.) Termination
If you fail to pay Fees when they are due or abuse the Service we may terminate your access to the Service. If we terminate
your access to the Service as a result of your abusing it, we will not refund any Fees. You may terminate your agreement with us
at any time of giving us notice in writing or by e-mail. We will then send you an acknowledgment of termination. Termination of the
agreement will become effective at the end of the then current payment period provided that we have acknowledged your notice of
termination at least seven days before the end of that payment period. If you receive our acknowledgment less than seven days before
the end of that payment period then the agreement will terminate at the end of the next payment period. We retain the right to
terminate your right to use the Service at any time, without giving any reason.
Excessive use of server resources
If a website is found to be monopolising the server resources, Swift Internet reserves the right to suspend that site immediately
at our sole discretion. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our
servers. Customers may be offered an option whereby Swift Internet continues hosting the website for an additional fee.
6.) What you can expect from us
We will do our best to maintain the operation of the Service in accordance with the information that you have received
about it. We cannot and do not accept any responsibility for the computer equipment and telephone services that you use to access the
Service. Accordingly our liability to you, whether for breach of contract, negligence or otherwise, in respect of any defect in or
discontinuance of the Service is limited to the price that you have paid to use the Service. You agree that we are not liable to you for
any special or consequential damages that you may suffer as a result of loss of business, contracts, profits, savings or otherwise.
Ciriusweb and hosting associate Swift Internet will at all
times use best endeavors to attempt to maintain an
uninterrupted and error-free service, however Ciriusweb
make no representations or warranties regarding the services provided by them and do not warrant that use of
Ciriusweb and hosting partner Swift Internet will be
uninterrupted or error-free, or that our hosting partner Swift Internet services will meet any particular criteria of performance or quality. Your use of
Swift Internet services as our hosting partner is at your own risk. You accept full responsibility for such use and the risk of any loss resulting from your
use of the system and the content of your pages. You also accept full responsibility for safeguarding and backing up your own data.
Domain name registrations are not guaranteed and are subject
to confirmation. Ciriusweb do not accept liability for any
special or consequential damages that you may suffer as a
result of domain name registrations. Ciriusweb give no
warranty that the Internet Domain Name requested will not
infringe the rights of any third party, and you agree to
indemnify Ciriusweb in respect of any such infringements.
Ciriusweb and associate Swift act as an agent for the naming authority and the contract for name
registrations is between you and the naming authority and you are bound by
the terms and conditions of the naming authority. Naming Authority terms &
Conditions:-
.UK top level domains, .co.uk, .org.uk, .ltd.uk, .plc.uk:
http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/
Generic top level domains, .com, .net, .org, .biz, .info: http://www.swiftinter.net/osrsterms.php and ICANN Uniform Dispute resolution Policy: http://www.icann.org/dndr/udrp/policy.htm
CentralNIC top level domains, .uk.com, .uk.net, .gb.com, .gb.net:
http://www.centralnic.com/terms.php
7.) Personal data
You warrant that the name, address and payment information
that you provide to Ciriusweb is correct and you agree to
notifying Ciriusweb of any changes in name, address and/or payment details. We may retain information that you provide to us about yourself.
We may from time to time use the information that you have provided to offer you other services that we feel may be of interest to
you. If you do not wish us to use the information that we hold about you in this way please notify us by post. Any information
held by us about you will be available for inspection by you in accordance with the terms of the Data Protection Act 1984.
8.) Changes, amendments and notices
If we change the price of the Services we will give you at
least 30 days notice. You are also responsible for reviewing
regularly information posted on-line in the terms and
conditions page. Please note that any notice you give to us
will only be considered effective from the day on which we
acknowledge it. If you no not receive an acknowledgment of
any notice that you send to us within 7 days please
telephone Ciriusweb on 01761 453949
9.) Governing law and jurisdiction
These terms and conditions are governed 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 and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been
contained in them. Your statutory rights are not affected.
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