Web Development - Discount PCs - Bespoke E-Commerce Solutions - Web Design

Acceptable Use Policy - PC Web Services Service

All of the provisions of PC Web Services Acceptable Use Policy (hereinafter referred to as AUP) shall apply to all access, transport, system, or service Accounts billed to a designated Account Holder (hereinafter referred to as " The Customer "). All services provided to the Customer by PC Web Services are collectively termed under an "Account".

Compliance

The Customer shall use the Company resources in a manner that is clearly consistent with the purposes of the products and services offered. The Customer shall comply with applicable laws and standards, policies and procedures. The Customer incurs the responsibility to determine what restrictions apply and to review the policies and procedures that will be updated continually. The Customer is responsible to use the resources with sensitivity to the rights of others. Any conduct by the Customer that in the Company's sole discretion restricts or inhibits any other user, whether a customer of the Company or a user of any other system, from using and enjoying any of the Company's services is strictly prohibited. This includes, but is not limited to, the posting or transmitting on or through any of the Company's services, any information that is, in the Company's sole discretion, unlawful, obscene, threatening, abusive, libelous, or harmful, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, or international law.

Data Transmission

The Customer expressly agrees to use all of the Company's services only for lawful purposes. Transmission or storage of any information, data or material in violation of state regulation or law is prohibited, including but not limited to, material protected by copyright, trademark, trade secret, or any other statute.

Limitation of Liability

The Company will not be liable under any circumstances for any lost profits or other consequential damages, even if the Company has been advised as to the possibility of such damages. The Company's liability for damages to the Customer for any cause whatsoever, regardless of the form of action, and whether in contract or in tort, including negligence, shall be limited to one (1) month's fees and the remaining portion of any prepaid fees.

Indemnification

The Customer agrees to indemnify and hold harmless the Company , against any lawsuits, claims, damages or liabilities (or actions or proceedings in respect thereof) to which the Company may become subject related to or arising out of the Customer's use of the Company's services, and will reimburse the Company for all legal and other expenses, including attorney's fees, incurred in connection with investigating, defending, or settling any such loss, claim, damage, liability, action or proceeding whether or not in connection with pending or threatened litigation in which the Company is a party. The provisions of this agreement relating to indemnification shall survive termination of the Customer's account.

Prohibited Uses of Products and Services

The following actions are defined as "system abuse" and are strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to the Customer . Products and Services include, but are not limited to, the hosting provided by the Company and user accounts. If the Customer is unsure of whether any contemplated use or action is permitted, please contact the Company through the information provided above. The following activities are expressly prohibited:

General

Resale of the Company's products and services, unless specifically permitted and documented in a separate written agreement or the initial Customer contract.
Using the facilities and capabilities of the Company or its services to conduct any illegal activity or other activity that infringes the rights of others.
Deceptive on-line marketing practices.
Violations of intellectual property -- as legally protected by copyrights and licenses. This includes, but is not limited to, the installation or distribution of illegal, "pirated", or other software products that are not appropriately licensed by the Customer .
Violations of privacy.

System and Network

Use of any applications which disrupts the stable operation of the network and/or servers.
Introduction of malicious programs into the network or server (e.g. viruses, worms, Trojan horses, etc.).
Attempted or successful security breaches or disruption of Internet communication. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account the Customer is not expressly authorised to access.
The Customer may not execute any form of network monitoring (e.g. packet sniffer) which will intercept data not intended for the Customer .
Attempts to circumvent user authentication or security of any host, network, or account ("cracking").
Attempts to interfere with or deny service to any user or any host (e.g. Denial of Service Attacks).
Use of any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, via any means, locally or via the Internet.

Billing

Furnishing false or incorrect data on a contract or online application, including fraudulent use of credit card numbers.
Attempts to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Company's products and services.

Usenet Newsgroups

Posting the same or similar message to large numbers of Usenet newsgroups.
Posting chain letters of any type.
Posting encoded binary files to newsgroups not specifically named for that purpose.
Cancellation or superseding of posts other than your own.
Forging of header information.
Solicitations of mail for any other e-mail address other than that of the poster's account or service, with intent to harass or to collect replies.

IRC (Internet Relay Chat) & Bots

Use of IRC scripts or programs that will interfere with or deny service to other users on any server or host.
Running or attempting to run any IRC robot or client which connects to any service which prohibits such activity.
Engaging in activities prohibited by a remote server when connecting to such a server.
Encrypted configuration files.

Other Processes

Serving of streaming media, such as shoutcast servers.

Repercussions

Failure to follow this AUP when using a PC Web Services account may result in the following actions:

The Account may be terminated immediately.
No refund of monies paid for the Account will be made.
Should it, in the sole opinion of PC Web Services , be considered necessary, then a public announcement will be made and this will include the disclosure of the Customer's identity.
Non-enforcement of any section of this AUP does not constitute consent and PC Web Services reserves the right to enforce this AUP at its sole discretion.
The Company will issue a written warning to the Customer .
The Company will restrict and/or revoke privileges, products, and/or services provided to the Customer for a specific period of time.
The Company will permanently disconnect privileges, products, and/or services provided to the Customer .
The Company will refer the Customer to civil authorities for prosecution.
The Company will take necessary action to correct non-compliance.

PC Web Services Acceptable Use Policy

Hosting Service Agreement - PC Web Services

All of the provisions of the PC Web Services Hosting Service Agreement (hereinafter referred to as Agreement) shall apply to all access, transport, system, or service Accounts billed to a designated Account Holder (hereinafter referred to as " The Customer "). All services provided to the The Customer by PC Web Services are collectively termed an "Account".

PC Web Services agrees to provide and The Customer agrees to receive access to PC Web Services services according to the following terms and conditions:

1. The rights of access conveyed by this Agreement are non-transferable. Use of a PC Web Services account is expressly limited to the individual name and the company they represent (if applicable) that appears on the account.

2. The Customer agrees to use this service in a manner consistent with any limitations of individual account types, including but not limited to: memory use, data transfer and ftp and email accounts. The Customer also agrees to "fair use" of all aspects of the service. "Fair use" is defined as a reasonable level of use of the service within the system environment and pricing of the services.

3. The Customer agrees to use this service in a manner consistent with any and all applicable laws, whether national, European or by international treaty.

4. The Customer agrees to follow the relevant Acceptable Use Policies (available from PC Web Services Ltd) of any network The Customer connects to, including the PC Web Services system.

5. The use of a PC Web Services individual access account for advertising or promotion of a commercial product or service in direct competition with PC Web Services Ltd is prohibited. This restriction is primarily for, but not limited to, HTML documents made available for viewing with a WWW browser application.

6. PC Web Services reserves the right to view www directories of user accounts in order to determine compliance, and may at any time request that an individual account be converted to a higher paid level of service. PC Web Services shall be the final arbiter of what constitutes such commercial content. Violators are subject to immediate termination of their account.

7. The Customer is responsible for all use of his/her account(s) and the confidentiality and administration of any password(s) or private items.

8. The Customer is responsible for any and all local or long-distance telephone charges for connecting to the PC Web Services systems or for Technical Support.

9. The Customer agrees to pay PC Web Services for any and all charges relating to the use of The Customer 's account(s) according to rates and prices published on-line at the time the service is used. PC Web Services reserves the right to terminate service at any time for non-payment. PC Web Services reserves the right to suspend access to service for The Customer 's account(s) upon an indication of payment problem.

10. A request for termination of service must be received in writing by PC Web Services from The Customer . Upon the customer's request, PC Web Services may choose, at its sole discretion, to refund any prepaid fees remaining on the account at the time of termination. Such refunds will only be made in circumstances when the services being received by The Customer are not in line with the products and/or services purchased, and PC Web Services has been given the opportunity to resolve these issues to match the service description supplied by PC Web Services . These fees will not exceed the value of the complete months remaining on The Customer 's subscription from the date a request to close an account is received in writing. Such refunds are limited to the fees paid for "system accounts" only, and do not include "additional products" including, but not limited to, domain names, domain hosting and background processes.

11. PC Web Services reserves the right to change prices at any time. Any such changes will become effective to existing customers at the time of renewal (next billing period).

12. Neither PC Web Services nor its Internet Providers are responsible for any damages arising from The Customer 's use of PC Web Services or by The Customer 's inability to use PC Web Services' services.

13. PC Web Services reserves the right to change without notice the PC Web Services service, including but not limited to: access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

14. PC Web Services is not responsible for The Customer 's personal files residing on PC Web Services equipment. The Customer is responsible for independent backup of data stored on a PC Web Services server .

15. PC Web Services reserves the right to delete The Customer 's personal files after one or both parties terminate the service.

16. PC Web Services reserves the right, at its sole discretion, to delete any information entered into PC Web Services by The Customer . PC Web Services and its authorised representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

17. PC Web Services shall not be liable for any consequential, incidental, indirect, or special damages arising out of or caused by mistakes, omissions, interruptions, delays, errors, or defects or otherwise occurring in the course of furnishing service. The liability of PC Web Services for direct damages shall in no event exceed an amount equivalent to the proportionate net charge to The Customer for the period of service during which such mistakes, omissions, interruptions, delays, errors, or defects occur.

18. THE PC WEB SERVICES SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE MADE WITH RESPECT TO PC WEB SERVICES , OR ANY INFORMATION OR SOFTWARE THEREIN. THIS "NO WARRANTY" EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PC WEB SERVICES OR ITS INTERNET PROVIDERS.

19. The Customer HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION OR STORAGE ON THE PC WEB SERVICES EQUIPMENT THROUGH THE CUSTOMER 'S ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELLOUS.

20. PC Web Services , at its sole business judgement, may terminate any services provided immediately or suspend The Customer 's access to the service upon any breach of this Agreement by The Customer , including, but not limited to, refusal or failure to pay for services provided or by sole judgement of PC Web Services that The Customer may be performing activities harmful to PC Web Services or its customers, employees, vendors, business relationships or any other users of the Internet.

21. Due to the public nature of the Internet, all electronic mail is considered publicly accessible and important information should be treated carefully. PC Web Services is not liable for protection or privacy of electronic mail and information transferred through the Internet.

22. The Customer shall not use PC Web Services electronic mail or other Internet related facilities for the distribution of mass mailings, whether unsolicited or through a controlled distribution list without express permission and agreement of PC Web Services in advance and The Customer should usually expect to make further payment if permission is granted.

23. The laws of England shall govern this Agreement. The parties submit to the non-exclusive jurisdiction of the English Courts.

24. PC Web Services may modify these terms and conditions upon notice published on-line or via electronic mail from PC Web Services . The Customer 's use of PC Web Services services after such notice shall constitute The Customer 's acceptance of the modifications to this Agreement.

25. Non-enforcement of any section of this Agreement does not constitute consent and PC Web Services reserves the right to enforce this Agreement at its sole discretion.

26. If any paragraphs in this Agreement are found to be unenforceable or invalid, The Customer 's and the PC Web Services agreement on all other paragraphs shall remain valid.

27. The Customer understands that PC Web Services acts as a gateway in providing access to the Internet and is not responsible for content on the Internet.

PC Web Services Service Agreement