PrimeSpace
PrimeSpace Terms and Conditions
Introduction
You indicate acceptance of these terms and conditions of service by placing
and confirming an order with PrimeSpace. These terms and conditions will
not be varied for individual Customers. See the end of this document for
definitions.
You, the Customer, wish to provide PrimeSpace with data that will be hosted
by PrimeSpace servers and made accessible via the Internet. PrimeSpace provides
web hosting services and has agreed to host your data upon
the following terms and conditions.
Duties
PrimeSpace shall provide to you the Services specified in your order
subject to the following terms and conditions.
You shall deliver to PrimeSpace the Website and the software used
in the Website which is owned by you, or licensed to you by a third
party or PrimeSpace in a format specified by PrimeSpace.
Charges, Payement and Money Back Guarantee
PrimeSpace shall be entitled to charge interest in respect of late payment
of any sum due under this Agreement, which shall accrue from the date when
payment becomes due from day to day until the date of payment at a rate of
8% per annum above the base rate of the Bank of England from time to time in
force.
PrimeSpace does not provide credit facilities.
PrimesSpace provides "Money Back Guarantees" on
web hosting. This guarantee excludes domain names, which may not be
cancelled once ordered, and web design.
Pro-rata refunds will not be issued for yearly services that are cancelled
before then end of the year.
IP Addresses
PrimeSpace reserves the right to change or remove any and all IP addresses.
Where PrimeSpace changes or removes any IP address it shall use its reasonable
endeavours to avoid any disruption to the Customer.
Service Levels and Data Backup
PrimeSpace shall use its reasonable endeavours to make the server and the Services
available to you 100% of the time but because the Services are provided
by means of computer and telecommunications systems, PrimeSpace makes no warranties
or representations that the Service will be uninterrupted or error-free and
PrimeSpace shall not, in any event, be liable for interruptions of Service
or downtime of the server.
PrimeSpace does not provide data restoration facilities for individuals.
Even though every effort is made to ensure data is backed up correctly PrimeSpace
accepts no responsibility for data loss or corruption. You are advised
to make your own backup arrangements.
Acceptable Use Policy
The Website and use of the Services may be used for lawful purposes only and
you may not submit, publish or display any content that breaches any
law, statute or regulation. In particular you must not:
• use the Services or the Website in any way to send unsolicited commercial
email or "spam", or any similar abuse of the Services;
• send email or any type of electronic
message with the intention or result of affecting the performance of any
computer
facilities;
• publish, post, distribute or disseminate
defamatory, obscene, indecent or other unlawful material or information,
or any material
or information which
infringes any intellectual property rights (for the avoidance of doubt this
includes licensed software distributed as Warez), via the Services or on the
Website;
• threaten, abuse, disrupt or otherwise
violate the rights (including rights of privacy and publicity) of others;
• engage in illegal or unlawful activities
through the Services or via the Website;
• make available or upload files to
the Website or to the Services that the Customer knows contain a virus, worm,
trojan
or corrupt data; or
• obtain or attempt to obtain access,
through whatever means, to areas of PrimeSpace 's network or the Services
which are identified as restricted
or confidential. This includes leaving your home directory whilst using SSH
access to servers.
• operate or attempt to operate IRC
bots or other permanent server processes.
You have full responsibility for the content of the Website. For the
avoidance of doubt, PrimeSpace is not obliged to monitor, and will have no
liability for, the content of any communications transmitted by virtue of the
Services.
If you fail to comply with the Acceptable
Use Policy as outlined, PrimeSpace shall be entitled to withdraw the Services
and terminate your account without notice.
Alterations and Updates
All alterations and updates to the Website shall be made by the you using
the online account management facility, FTP access or SSH access where available.
You will be issued with a user name and password in order to access
your account. You must take all reasonable steps to maintain the confidentiality
of this user name and password. If you reasonably believe that this
information has become known to any unauthorised person, you agree
to immediately inform PrimeSpace and the password will be changed.
Warranties
All conditions, terms, representations and warranties that are not expressly
stated in this Agreement, whether oral or in writing or whether imposed by
statute or operation of law or otherwise, including, without limitation, the
implied warranty of satisfactory quality and fitness for a particular purpose
are hereby excluded. In particular and without prejudice to that generality,
PrimeSpace shall not be liable to you as a result of any viruses introduced
or passed on to you.
Indemnity
You agrees to indemnify and hold PrimeSpace and its employees and
agents harmless from and against all liabilities, legal fees, damages, losses,
costs and other expenses in relation to any claims or actions brought against
PrimeSpace arising out of any breach by you of the terms of this Agreement
or other liabilities arising out of or relating to the Website.
Limitation of Liability
Nothing in these terms and conditions shall exclude or limit PrimeSpace's liability
for death or personal injury resulting from PrimeSpace's negligence or that
of its employees, agents or sub-contractors.
The entire liability of PrimeSpace to you in respect of any claim
whatsoever or breach of this Agreement, whether or not arising out of negligence,
shall be limited to the charges paid for the Services under this Agreement
in respect of which the breach has arisen.
In no event shall PrimeSpace be liable to you for any loss of business,
loss of opportunity or loss of profits or for any other indirect or consequential
loss or damage whatsoever. This shall apply even where such a loss was reasonably
foreseeable or PrimeSpace had been made aware of the possibility of you incurring such a loss.
Term and Termination
This Agreement will become effective on the date the service is ordered and
shall continue until terminated by either party in writing of its intention
to terminate the Agreement.
PrimeSpace shall have the right to terminate this Agreement with immediate
effect by notice in writing to you if the you fail to make any
payment when it becomes due.
Either party may terminate this Agreement forthwith by notice in writing to
the other if:
• the other party commits a material
breach of this Agreement and, in the case of a breach capable of being remedied,
fails to remedy it within a
reasonable time of being given written notice from the other party to do so; or
• the other party commits a material
breach of this Agreement which cannot be remedied under any circumstances;
or
• the other party passes a resolution
for winding up (other than for the purpose of solvent amalgamation or reconstruction),
or a court of competent
jurisdiction makes an order to that effect; or
• the other party ceases to carry on
its business or substantially the whole of its business; or
• the other party is declared insolvent,
or convenes a meeting of or makes or proposes to make any arrangement or
composition with its creditors;
or a liquidator, receiver, administrative receiver, manager, trustee or similar
officer is appointed over any of its assets.
Any rights to terminate this Agreement shall be without prejudice to any other
accrued rights and liabilities of the parties arising in any way out of this
Agreement as at the date of termination.
On termination all data held in your account will be deleted.
Assignment
PrimeSpace may assign or otherwise transfer this Agreement at any time.
You may not assign or otherwise transfer this Agreement or any part
of it without PrimeSpace's prior written consent.
Force Majeure
Neither party shall be liable for any delay or failure to perform any of its
obligations if the delay or failure results from events or circumstances outside
its reasonable control, including but not limited to acts of God, strikes,
lock outs, accidents, war, fire, the act or omission of government, highway
authorities or any telecommunications carrier, operator or administration or
other competent authority, the act or omission of any Internet Service Provider,
or the delay or failure in manufacture, production, or supply by third parties
of equipment or services, and the party shall be entitled to a reasonable extension
of its obligations after notifying the other party of the nature and extent
of such events.
Severance
If any provision of this Agreement is held invalid, illegal or unenforceable
for any reason by any Court of competent jurisdiction such provision shall
be severed and the remainder of the provisions hereof shall continue in full
force and effect as if this Agreement had been agreed with the invalid illegal
or unenforceable provision eliminated.
Notices
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 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 2 days
following the date of posting.
Entire Agreement
This Agreement contains the entire Agreement between the parties relating to
the subject matter and supersedes any previous agreements, arrangements, undertakings
or proposals, oral or written. This Agreement may be updated without notice.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law
of England and the parties hereby submit to the exclusive jurisdiction of the
English courts.
Domain Name Registration
Domain names are not deemed to be successfully registered until they appear
in the relevant whois database of the top level domain name registrar. In the
event that a domain name is unavailable when we attempt to register it PrimeSpace
will provide a full refund for that domain name.
Scripting
PrimeSpace is not responsible your programming issues other than ensuring
that programming laungages such as Perl, PHP and ASP are installed and functioning
on the web hosting system.
Privacy
To protect your privacy we will not distribute your details to third parties,
unless required to do so by law.
Data Transfer
Web hosting accounts include a certain amount of data transfer, if you exceed
this amount in any one month your account will be deactivated until you have
upgraded to an account that has more data transfer included.
Web hosting accounts that are prohibited from hosting file distribution websites,
adult content orientated websites, hosting banners, graphics or cgi scripts
for other websites, storing pages, files or data as a repository for other
websites, giving away web space under a domain, sub domain or directory.
Server Usuage
Should your account use more than 5% of the servers processing power and as
a result have a detrimental effect on other customers PrimeSpace will discuss
with you alternative solutions for your hosting requirements.
Webspace Usage
The web space provided to you by PrimeSpace is available for genuine
web site content, content must be linked into web pages. You are prohibited
from using the server as
a file/backup respository. You are expected to employ good house keeping
when maintaining their account.
Definitions
In this Agreement words denoting the singular shall include the plural and
vice versa and words denoting any gender shall include all genders. The following
words and expressions shall have the following meanings:
Downtime - any service interruption in the availability to visitors of the
Website
Intellectual property rights - patents, trade marks, design rights, applications
for any of the foregoing, copyright, topography rights, database rights, rights
in know-how, trade or business names and other similar rights or obligations,
whether registrable or not in any country;
IP address - internet protocol address which is the numeric address for the
server;
ISP - internet service provider;
Server - the computer server equipment used by PrimeSpace in connection with
the provision of the Services;
The Services - web hosting, web design, domain name registration, email and
any other services or facilities provided by PrimeSpace.
Spam - sending unsolicited and / or bulk emails;
Virus - a computer programme that
copies itself or is copied to other storage media, including without limitation
magnetic tape
cassettes, memory chips,
electronic cartridges, optical discs and magnetic discs, and destroys, alters
or corrupts data, causes damage to the user's files or creates a nuisance or
annoyance to the user and includes without limitation computer programs commonly
referred to as "worms" or "trojan horses";
Visitor - a third party who has accessed the Website;
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