You indicate acceptance of these terms and conditions of service by placing an order
with IC-NET. These terms and conditions will not be varied for individual customers.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following
meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of
the Web site;
1.1.2 "intellectual property rights" means 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;
1.1.3 "IC-NET" means IC-NET
1.1.4 "IP address" stands for internet protocol address which is the numeric address
for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by IC-NET in connection
with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email and any other
services or facilities provided by IC-NET.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means 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";
1.1.10 "visitor" means a third party who has accessed the Web site;
1.2 Product specifications and details may be found at URL.
1.3 Words denoting the singular shall include the plural and vice versa and words
denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience
of reference only and are not intended to be part of or to affect the meaning or
interpretation of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide IC-NET with data that will be hosted on IC-NET's
servers and made accessible via the Internet.
2.2 IC-NET provides web hosting services and has agreed to host the Customer's data
upon the following terms and conditions.
3 DUTIES
3.1 IC-NET shall provide to the Customer the Services specified in their order subject
to the following terms and conditions.
3.2 The Customer shall deliver to IC-NET the web site and the software used in the
web site which is owned by the Customer, or licensed to him by a third party or IC-NET
("the Customer Software), in a format specified by IC-NET.
4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards
(including Switch/Maestro) and direct debits
4.2 IC-NET do not accept cheques, bank transfers, postal orders, cash or any other
form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
4.4 IC-NET 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.
4.5 IC-NET do not provide credit facilities.
4.6 From time to time IC-NET may make enquiries on the Customers company, proprietor
or directors of the Customers company with credit reference agencies. These agencies
may record that a search has been made and share this information with other businesses.
4.7 IC-NET provide "Money-Back Guarantees" on certain products. Should your product
qualify for this guarantee please raise a support ticket at URL within 30 days of
placing your order for a full refund. This guarantee excludes domain names and ready
made packages which may not be cancelled once ordered till the renewal dates. Customers
are limited to using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before
then end of the year.
4.9 Should your chosen payment method fail IC-NET will attempt to settle your
invoice using any other payment facilities available on your account.
4.10 All services will renew until cancelled by the customer. IC-NET emails the
customers primary email address prior to renewal of services, it is the customers
responsibility to cancel services prior to renewal as no refund can be made once
renewal has occurred. Customers must notify us at least 72 hours before a service
is renewed if they wish to cancel that service. The cancellation process must be
fully completed by you before your account is cancelled.
5 IP ADDRESSES
5.1 IC-NET shall maintain control and ownership of the IP address that is assigned
to the Customer as part of the Services and reserves the right in its sole discretion
to change or remove any and all IP addresses.
5.2 Where IC-NET changes or removes any IP address it shall use its reasonable endeavours
to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to IC-NET ("IC-NET's
software") in order to use the Services, IC-NET grants to the Customer and its employees,
agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable,
non-exclusive licence to use IC-NET Software in object code form only, in accordance
with the terms of this Agreement. For the avoidance of doubt, this Agreement does
not transfer or grant to the Customer any right, title, interest or intellectual
property rights in IC-NET Software.
6.2 In relation to IC-NET's obligations under this Agreement in connection with the
provision of the Services, the Customer grants to IC-NET a royalty-free, world-wide,
non-exclusive licence to use the Customer Software and all text, graphics, logos,
photographs, images, moving images, sound, illustrations and other material and related
documentation featured, displayed or used in or in relation to the web site ("the
Content"). For the avoidance of doubt, this Agreement does not transfer or grant
to IC-NET any right, title, interest or intellectual property rights in the Customer
Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party,
sell, lease, license or sublicense IC-NET Software.
6.4 IC-NET may make such copies of the Customer Content as may be necessary to perform
its obligations under this Agreement, including back up copies of the Content. Upon
termination or expiration of this Agreement, IC-NET shall destroy all such copies
of the Content and other materials provided by the Customer as and when requested
by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 IC-NET shall use its reasonable endeavours to make the server and the Services
available to the Customer 100% of the time but because the Services are provided
by means of computer and telecommunications systems, IC-NET makes no warranties or
representations that the Service will be uninterrupted or error-free and IC-NET shall
not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 IC-NET carries out data backups for use by IC-NET in the event of systems failure.
IC-NET do not provide data restoration facilities for individual customers. Even
though every effort is made to ensure data is backed up correctly IC-NET accepts
no responsibility for data loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 The web site and use of the Services may be used for lawful purposes only and
the Customer may not submit, publish or display any content that breaches any law,
statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the web site in any way to send unsolicited commercial
email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of
affecting the performance of any computer facilities;
8.1.3 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 Web site;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights
of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Web
site;
8.1.6 make available or upload files to the web site or to the Services that the
Customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of IC-NET's
network or the Services which are identified as restricted or confidential. This
includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Web site. For the
avoidance of doubt, IC-NET is not obliged to monitor, and will have no liability
for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause
8.1 IC-NET shall be entitled to withdraw the Services and terminate the Customer's
account without notice.
9 ALTERATIONS AND UPDATES
All alterations and updates to the web site shall be made by the Customer using the
online account management facility, FTP access or SSH access where available. The
Customer will be issued with a user name and password in order to access the account.
The Customer must take all reasonable steps to maintain the confidentiality of this
user name and password. If the Customer reasonably believes that this information
has become known to any unauthorised person, the Customer agrees to immediately inform
IC-NET and the password will be changed.
10 WARRANTIES
IC-NET offer no warranties.
