TERMS AND CONDITIONS OF USE OF WEBSITE

This Contract covers the General Terms and Conditions which apply to all visitors and Users of our Website. The terms contained within this Website provide the complete and exclusive Terms and Conditions for this Website that supersede any other terms and conditions.

DEFINITIONS

"Authorised Software" means Software placed on the Service by Us for You to use

"Band Width" means the volume of use by your customers who access and use of your Website

"Personal Domain Name" means a domain name registered by Us for You

"The Company" means Websiteit Systems Limited

"The Contract" means the Contract between You and Us incorporating these terms and conditions.

"Due Date" means the date upon which payment is due

"Hosting" means the making available of the customers domain name to the Internet community.

"Illegal" means any act or acts which are capable of breaching the criminal law in England and Wales.

"Initial Term" means one month

"In Writing" means by letter, e-mail or faxed communication

"Material" means text, graphics, data or information provided by You or a third party to Us or Material provided by Us to You.

"Notice" means in writing by post, e-mail or faxed communication

"Renewal Term" means each subsequent month after the Initial Term

"Server" means our computers connected directly or indirectly to the Internet that provides web pages to users

"Service" means the computer/internet services provided by Us to allow You to operate one single domain name.

"Visitors" means any person accessing the Service

"Virus" means any software or code that in an unauthorised manner seeks to annoy debilitate, interfere with or damage any Server or the Service

"World Wide Web" means world wide web Service available on the Internet.

"We/Us" means Websiteit Systems Limited

"Website " means the area on our computer system allocated to You for the purpose of this Order.

"You" means you or any user who on your behalf visits the Website whether as a registered user or not

Any words in the singular include the plural and vice versa. All definitions, notes, terms and conditions referred to in this Contract form part of the Contract as if they were expressly set out in it.

This Contract shall be for the Initial Term and shall automatically continue thereafter for the Renewal Term unless and until terminated by either party in accordance with these terms and conditions.

Any attempt to visit part of the Website to which You do not have authorised access will constitute an abuse these Website terms. Persistent abusers will be deleted/ reported to their ISP and may be prosecuted under criminal law or the subject of civil proceedings.

1. VIRUS PREVENTION
It is your responsibility to ensure that:-
You do not upload any Virus to the Web space provided by Us
You do not allow a Virus to enter or seek to enter the Service by permitting anyone knowingly or otherwise to download or upload files or data containing a Virus.

2. USE OF SERVICE
Upon accessing the Service You may print individual pages on paper, store individual pages electronically on disc or display individual pages on a computer screen but You may not store the content of the Website on a Server nor reproduce, copy, disseminate or modify the content of the Service, except as hereafter described. You must not allow any software to reside upon or access or attempt to access our Server that may harm degrade, or place an unnecessary load on our Server or the Service. You must not exceed the Bandwidth limits that We place upon the Service from time to time.

3. LINKS FROM OTHER WEBSITES & DOMAIN NAME REGISTRATION/RENEWAL
You must obtain our written consent before linking from any other Web page to our Website. Where other Websites are linked to ours, there is no implication that We in any way endorse the content or policies of that third party Website and We will not accept any liability for any claims as a result of the content or activity of any third party Service. After the initial 14 day free trial period, You may ask Us to register a Personal Domain Name for You. The registration shall be subject to our standard domain registration terms and conditions. We reserve the right to decline to register any Personal Domain Name at any time and for any reason. If you sign up to the Service and we decline to register for You your choice of Personal Domain Name then we may terminate this Agreement without any liability to You. In addition to the fees specified in this Agreement You are also liable to pay any renewal charges associated with any Personal Domain Name as and when they become due and at the prevailing rate. If this Agreement is terminated or you are in breach of any term contained herein then We may permanently suspend the use of e-mail associated with the Personal Domain Name forthwith and without reference to You or that you immediately transfer the Personal Domain Name to Us free of charge.

4. SECURITY/YOUR OBLIGATIONS
Upon registration as a User of the Service You will receive a unique password. You must not record your password in any way that means it can be identified as your password. If You have reason to believe that another person knows or may know your password You must inform Us immediately. We cannot be held liable for any loss should Your password become known to any third party. You must not pass to any unauthorised person information relating to the login name and password. In the event that your login name and password are used by an unauthorised person, We accept no responsibility and You will be liable for any loss or damage and all additional charges levied by Us howsoever arising there from. You must not allow any act whereby any unauthorised access is gained to any information or resources of any body corporate or person, individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions. You must not do or permit to be done any act or omission the result of which would have the effect of bringing into disrepute the good name of Websiteit Systems Limited or the Service. You must not perform any action which will result in the reduced performance of the Server to the detriment of other Users. You must not use the Server to send unsolicited e-mail to other Internet users. We reserve the right to make a charge in respect of any direct or indirect costs incurred by Us in dealing with or processing unsolicited e-mails.

5. COPYRIGHT AND INTELLECTUAL PROPERTY
We own the copyright in the Service and all intellectual property rights including but not limited to any computer software, data or information developed or provided by Us, and any know-how methodologies, equipment or processes used by Us to provide Services to You, including without limitation all copyrights, trademarks, patents, trade secrets, any goodwill and any other proprietary rights inherent therein. You may not transmit, reproduce, publish, copy or sell any information obtained from the Service without our express consent. You must not upload material which is or is likely to breach any 3rd party copyright. We accept no responsibility for your actions in either uploading material to the WORLD WIDE WEB or in your transfer of any material to other Websites if such material is in breach of the copyright of a third party.

6. YOUR PROPRIETARY RIGHTS
As between You and Us, your content shall remain your sole and exclusive property, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights previously belonging to You. Except as provided in this Contract, nothing in this Agreement shall be construed to grant Us any ownership right in, or license to your Content provided by You to Us. We take no responsibility and accept no liabilities whatsoever for your content.

7. SOFTWARE LICENCE
We hereby grant You a non-exclusive, non-transferable license to use the Authorised Software in object code form only on a Server controlled by Us for the sole purpose of creating and maintaining the Website. You are not granted any right to copy the Software, or use it on computers other than as provided in this Agreement or utilize any trademarks or service marks of The Company. YOU MAY NOT USE WEB PAGES OR PARTS OF WEB PAGES GENERATED BY MEANS OF THE SOFTWARE ON ANY SERVER OTHER THAN OUR SERVER WITHOUT OUR EXPRESS CONSENT. You also acknowledge and agree that the Authorised Software is intended for access and use by means of web browsing software, and that We do not commit to support any particular browsing platform. We reserve the right at any time to revise and modify the Authorised Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions and other characteristics of the Authorised Software or Service, without notice to You. If any revision or modification to the Authorised Software materially changes your ability to conduct business, your sole remedy is to terminate the Agreement.

8. CONTENT OF SERVICE
We reserve the right to suspend, alter or amend the extent of and/or nature of any entry within the Service at any time and without notice and for any reason without having to specify a reason.

9. WEBSITE MAINTENANCE
In order to undertake Website Maintenance, parts of the Website will occasionally be closed. This will usually occur outside the hours of 9.00am - 5.00pm (UK time) Monday to Friday other than in the case of an emergency. We shall restore your data, as part of Website maintenance, provided restoration is necessary solely due to our deliberate actions/omissions and these deliberate actions omissions result in the wipe out of the data from the Website. You are not entitled to restores, unless this Service is offered by Us on each occasion.

10. LIABILITY/LIMITATION OF LIABILITY
Whilst We make every effort to ensure that the Service is fault free We make no guarantee, no warranty or representation either express or implied in relation to the whole or part of the Service that it will be fault free or that any third party Websites linked through our Service will be fault free. We do not accept any liability and shall not be held liable for any losses or claims arising directly or indirectly from any inability to access the Service or any errors, interruptions, omissions or inaccuracies in the Service. In any event and in no circumstances shall We be liable for any loss either direct or indirect of profits, business or anticipated savings or any other direct or indirect consequential loss arising out of the provision of the Service to You. In addition, We do not accept any liability for any errors and omissions by any third party Websites or any information provided on the Service by third parties. In no circumstances shall We be liable for any loss whether direct or indirect arising from the contents of any information placed by You onto the Service. In no circumstances shall We be liable for any loss whether direct or indirect of profits, business or anticipated savings or for any direct or indirect consequential loss whatsoever by the failure of or any problem experienced by You in Your operation of the Website. In the event of our being held liable then the extent of that liability (including costs or fees) will be limited to a maximum of the total of the actual price received by Us in the current month in respect of the individual contract in dispute concerning the claim. For the avoidance of doubt We have no obligation duty or liability in contract and/or tort for breach of statutory duty or otherwise.

11. INDEMNITY
You will indemnify Us in full against any loss expenses or damage to the Website or Service and/or Us/The Company howsoever arising including but not limited to indemnification for any loss or expenses sustained by reason of any breach of this Contract and any actions, proceedings (civil or criminal), claims or demands in any way connected with this Contract brought on by or threatened against Us by a third party which are caused by or arise from any direct or indirect action on your part, your servants/agents or carried out by Us pursuant to your instructions. Your indemnification to Us includes but is not limited to our legal and other professional fees The indemnity will be unlimited as to value and / or time and without set off or counterclaim. You will indemnify Us in full in accordance with the above in respect of any breach howsoever arising of Trade Mark Laws, Copyright Laws, the Law of Privacy and Publicity, Communication Regulations, Defamation, Data Protection, Equal Opportunities Discrimination, Human Rights Legislation and statute which may give rise to a Civil or Criminal Liability. Any materials on the Website shall comply with any and all legal requirements including (but not limited to) those pertaining to non-discrimination, equal opportunity and decency. Each provision of this condition is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable.

12. STORAGE AND USE OF MATERIAL
Any Material that We receive be it by e-mail or otherwise may be used by Us for the purposes of know-how, techniques or concepts including the development manufacture or marketing of products and/or Services unless You expressly state in the e-mail that all rights are reserved and in the case of confidentiality that the contents are confidential. You authorise Us to place any Material supplied by You into any database, system or publication on this Website or elsewhere and to make this information available entirely at our discretion on the Internet or in any other location, form or format. We may allow or cause carefully selected third parties to contact You by e-mail or otherwise in order to provide You with updates and information. Upon our request You undertake to discontinue storage and use of and return to Us any Material obtained from the Service.

13. UNSUITABLE MATERIAL
You must not publish or disseminate or cause or permit to be published or disseminated or in any way assist in the publication or dissemination of any defamatory or criminal material. You must not upload any material which in the absolute and unfettered discretion of Us is considered to be pornographic, barbaric, overtly tasteless, contrary to public decency or in any other way which brings into disrepute the good name of the Company or Service. We reserve the right to randomly inspect Websites and in the event that any such material has in our sole view been uploaded to that Website, We reserve the right, to terminate this contract forthwith, and We also reserve the right to inform the Police or other relevant authorities.

14. ASSIGNMENT
You will not seek to assign this Contract without seeking our express consent. We reserve the right to withhold such Consent without providing any reason for so doing. We reserve the right to assign the benefit of this Contract by giving prior notice of any assignment to You.

15. TERMINATION
(a) We reserve the right to immediately terminate this Contract and use of the Service upon any breach of the Terms of use (b) If You do not pay any invoice within the time for payment specified in the invoice or if You break any of these terms and conditions then We reserve the right to terminate this Contract with immediate effect without prior notification to You by giving notice in writing to You to this effect at your last known address. (c) Termination of this Contract by Us will result in our retaining all monies received from You and You will not be entitled to a refund on monies paid. (d) Upon termination We will remove all materials held on our Server relating to You and will remove all privileges which You are entitled to including in particular the disconnection of the Website from our server. (e) We may terminate this Agreement by giving notice to you in writing providing at least seven days notice. You will not be entitled to any refund.

16. CHANGES TO TERMS
We reserve the right to update or alter these terms and conditions at any time without prior notice whereupon the new terms and conditions will be immediately incorporated into the next Contract between Us.

17. DISPUTES AND JURISDICTION
The terms and conditions of use are governed by and are to be construed in accordance with English Law and fall within the exclusive jurisdiction of the English Courts.

18. THIRD PARTY RIGHTS ACT
The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Agreement Your Agreement to these current Terms and Conditions for using the Website is signified by recording the date and time each time You log into the Website.

19. FORCE MAJEURE

We are not liable for any breach of this Contract if the breach was caused by an act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts of omissions of government, highway authority or other competent authority, our compliance with any statutory obligation industrial disputes of any kind (whether or not involving our employees), fire, lightening, explosion, flood, subsidence, weather of exceptional severity, acts or omission of persons for whom We are not responsible (including in particular other telecommunication Service providers), or any other cause whether similar or dissimilar outside our reasonable control.