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Terms and Conditions
CIRIUSWEB TERMS
& CONDITIONS
Ciriusweb is the trading name of ciriusweb.co.uk and
domainbroker.uk.com 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 or 07711
482398
1.) The Hosting 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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