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In Computers Service Level Agreement (SLA)
Last update December, 2004
1. Our Services to You Thank you for
becoming a registered subscriber to in computers. Some of the
services are subject to separate terms and conditions. We can refuse
to give you a subscription to any service without giving a reason
for such refusal.
2. Business and Domestic Use
These terms and conditions apply to both business and
private use of our services. If you are not acquiring our services
for the purposes of a business (as defined in the Consumer
Guarantees Act 1993) then the Act applies and nothing in these terms
and conditions limits your rights under it.
3. What we
Provide to You We agree to provide web hosting services to
you through our host computers but only on the following basis:
We will provide you with an IP address, username, and
password to enable access to our service.
We will provide
you with bandwidth. Bandwidth is measured by the data transferred to
and from your account. Bandwidth usage can be measured accurately
for web site (http) data transfer. It is not technically possible to
measure ftp and email traffic. In our experience, ftp and email
usage is approximately double http usage. Bandwidth is therefore
measured by doubling http usage. in computers may make adjustments
to this calculation on a case by case basis.
We will provide
you with disk space. Disk space is the amount of space measured in
bytes used on the server(s). Disk space usage includes both web
hosting account files and email.
We will make genuine and
commercially reasonable efforts to make the services you have
subscribed for operating fault free 24 hours a day and, if the
system malfunctions, to restore those services as soon as reasonably
possible.
But if in spite of those efforts, we cannot
provide or restore the service (even if the failure is our fault) we
are not liable to you. We explain what this means in the section
entitled "Limits on our Liability".
The reasons for these
limits on our service levels are because: We do not own or control
all the facilities and communication lines necessary for access, and
therefore, we cannot guarantee that the service will be
uninterrupted or error free.
Our services may be used by you
for purposes we do not know about and have no control over.
We may at any time cancel, reject, or refuse to continue
hosting any web sites without providing any reason for such
rejection or refusal at any time prior to, or after, hosting any web
site. This right will not be unreasonably exercised.
4.
Your Obligation to Pay Us In return for access to our
service, you agree to pay the specified subscription and other
charges (as notified on the in computers web pages).
In
particular, you agree as follows: You will be billed in the first
seven days of each month, payment due on the 20th day of the month
of invoice. If the account is not paid by the due date you are
liable for a fee equivalent to 10% of the overdue portion of your
account, with a minimum fee of £10.00.
Should data usage in
access of the monthly amount occur, the amount to be billed will be
calculated in 1MB units.
Should disk space usage in access
of the agreed quantity occur, the amount to be billed will be
calculated in 5MB units.
If your account is overdue for a
period of 60 days, your account will be closed and your details
referred to our debt collection agency or credit reference agency
without notice to you.
You also agree to pay our reasonable
costs incurred in recovering outstanding amounts from you including
debt collection and legal fees.
Where total debt collection
agency costs, legal and other costs arising from collection of any
amount owing by you exceed the debt collection fee charged, you
agree that our debt collection agent is also entitled to recover
those additional costs from you.
You agree to give us no
less than 30 days written notice that your account is no longer
required. Until we receive this notice you are responsible for
anything done with the services to which you have subscribed. Any
charges incurred through the use of those services are payable by
you whether you authorised them or not.
5. Email
Our service is important to you and our other subscribers.
As a condition of your use of our service you agree as
follows: You agree to remove your email from our mail server
promptly and to keep the space used by your files on the system
below 10 megabytes. We have the right to remove email data in excess
of 10 megabytes left by you on our mail server. If you have not made
a special arrangement with us, we will not be liable for any loss of
data because of your failure to housekeep your email.
You
agree not to send multiple, unsolicited email (SPAM or UCE), to
single or multiple users whether or not this is for business
purposes.
Generally, you agree to obey the developing rules
of Netiquette. These are the general rules of good and considerate
behaviour on the Internet as a world wide and open community. Any
failure to obey these rules will result in a warning. If we consider
the breach sufficiently serious (at our discretion) you agree that
we may terminate your service without liability to you.
Email enables a rapid, immediate and wide-spread response.
You must not use the email service for communication that is
defamatory or contrary to generally accepted community standards of
behaviour or good taste. While we do not intend to be a censor, we
have the right, at our discretion, to decide what those standards
are and to review your use of our services at any time and to
terminate you if we consider that you have breached these standards.
If you defame anyone through your use of the email service and we
are sued, you agree that we have the right to recover all costs and
losses incurred by us as a result of your action from you directly
upon demand.
We will make genuine efforts to provide you
with a help desk service to assist you with web hosting issues.
6. Confidentiality We each agree that the
Internet is a medium which lacks consistent security and
confidentiality and we have the right to check your use of the
system.
We will take reasonable commercial efforts to
protect your confidentiality. However, you should assume that your
use of our services is not confidential. If we consider in our
discretion that your use of our services is defamatory, contrary to
accepted community standards or illegal you acknowledge that we have
the right to disclose those activities to any person including the
news media and the police.
We can check your use of the
system for the purposes of ensuring that your use is not breaching
these terms and conditions or for assessing any charges which may be
payable by you.
7. Use of Personal Information If you
are an individual, when you complete your application for our
services you authorise us and our agents to collect information
about you and hold it at our head office. We will use this
information for statistical analysis and to provide services to you
and for marketing, private development and research purposes.
You authorise us and our agents to supply and disclose
personal information as to your credit-worthiness. Personal
information about you may be used to enable us, our agents and third
parties selected by us to access, maintain, investigate or market
products or services.
Under the provisions of the Privacy
Act 1993 you may request access to and correction of your personal
information. Requests must be in writing which includes email. We
may charge a fee for the reasonable costs incurred in responding to
these requests but we will disclose the costs to you before those
costs are incurred.
8. Additional Rights of in computers
as the Service Provider We can terminate any of the services
that you have subscribed for without notice or liability to you if
you breach these terms and conditions.
Subscriber use of our
services may sometimes result in overload. We have the right to
terminate any process that appears to be causing an overload on a
server.
9. Reseller responsibilities A reseller
is financially responsible for the fees related to his resold
virtual hosting accounts, and understands that he is free to charge
his customers whatever he choose. A reseller will handle all support
and billing duties related to his accounts, and in no event will his
customers be given direct access to in computers email addresses.
(Nor under any circumstances will in computers contact the resellers
customers.)
Reseller support inquiries only are to be
initiated via email to support@m8solutions.com. in computers will
make a diligent effort to resolve any problem related to hardware or
supporting software.
The reseller agrees to take full
responsibility for all taxes and fees of any nature associated with
products and services sold from his accounts. in computers shall not
be liable for any taxes or other fees to be paid in accordance with
or related to purchases made from the resellers or his customer's
use of server.
The reseller agrees that this service may be
utilized only for lawful purposes, and has read and agreed to the
"Terms of Service" and the "Reseller Terms of Service". The reseller
agrees to indemnify and hold harmless Web Hosting Today from and
against any and all claims, actions, causes of actions, losses or
damages (including legal fees) arising from his or his customer's
usage of the service in violation of the "Terms of Service" and/or
the "Reseller Terms of Service".
The reseller agrees that in
the event that in computers may at any time believe that the service
is being utilized by his or his customers in violation with the
"Terms of Service" and/or the "Reseller Terms of Service", Web
Hosting Today may immediately discontinue such service without
liability or refund of unearned prepaid service fees.
The
reseller acknowledges that in computers makes absolutely no
warranties whatsoever, express or implied with respect to the
service to be provided. As a result, the reseller agrees that in computers shall not be liable for any claims or damages which may be
suffered his or his customers, including, but not limited to, losses
or damages resulting from the loss of data as the result of delays,
nondeliveries, or service interruptions caused by the fault or
negligence of in computers.
10. Chat Server We do
not allow IRC or IRC bots to be operated on our servers.
11. Email Server We do not allow resellers to
operate free email services on our servers.
12.
Communications and Notices All changes and additions need to
be sent to in computers via Email. We can change or remove any of
these terms and conditions at any time. These changes include
alterations to our pricing structure.
We will inform you by
email or posting a message in the appropriate location on the system
which includes (but is not limited to) on the World Wide Web on our
home page or any other appropriate means...
Once we have
posted the email or other message you are deemed to have received
it, and if you have not terminated your subscription within 30 days
or if you continue to use the services afterwards you are deemed to
have accepted the change.
13. Internet Surprises
Internet services allow access to material which may be the
subject to copyright, third party ownership or unreliable or
offensive material. You access such material at your own risk and we
are not responsible in any way for your accidental or deliberate
accessing of that material.
14. Limits on our Liability
By using our services you do so at your sole risk. We do not
warrant that our service will be uninterrupted or error-free. We do
not make any warranties to the results to be obtained from the
service or information or the experiences had with the Internet
which is a matter of your own assessment given its unique nature. We
distribute our service on an "as is" basis without warranties of any
kind, either express or implied.
In particular, we are not
liable to you - whether in contract or tort or under any other legal
principle - for any direct or indirect losses or damages of any
kind. These damages include but are not limited to loss of business,
profits, work stoppage, computer or software failure or malfunction
or any other damage or loss. Your exclusive remedy against us is to
cancel your subscription.
If you are using our services for
personal, household or domestic use, this limitation may not apply
to you and you have the rights and remedies available under the
Consumer Guarantees Act 1993
15. Indemnity You
must indemnify us against any claims or legal proceedings arising
from your use of the service under this Agreement (including but not
limited to claims in respect of defamation, breach of copyright or
other intellectual property right infringement), which are brought
or threatened against us by any other person.
16. Force
Majeure If we cannot perform our obligations under this
Agreement by reason of act of God, inclement weather, act of State,
riot, strike, boycott, embargo or any other circumstances beyond our
reasonable control, we will endeavour to advise you of the existence
of the circumstances and their expected duration. The performance of
this Agreement will, to the extent that it is made impossible by
such circumstances, be suspended until such circumstances cease to
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