TERMS AND CONDITIONS

General Terms

• We do not host or develop adult sites, warez, illegal MP3 sites, IRC bots or sites that we consider to be offensive or defamatory or that promote illegal activities.
• You may not store more data in your account than your allotted virtual server space.
• Your virtual server (including FTP and Telnet access) is for your personal use only. You must not divulge any of your passwords to any other person, and you should take reasonable precautions to ensure that they are not discovered by other people.
• Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your virtual server.
• You may not run server processes (eg. talkers/IRC Bots) from your virtual server.
• We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
• When your account is closed, all files (including web pages, etc.) will be deleted.
• We reserve the right to cancel your account and agreement at any time without notice.
• We reserve the right to amend and update these Terms and Conditions at any time without notice.
• Users must not participate in any form of unsolicited bulk e-mailing or spam, or knowingly send any material that contains a computer virus.
• By logging into your account, or uploading files to it, or by entering into an agreement with us verbally or in writing, you are indicating your acceptance of these Terms and Conditions.

Third Parties

• By using services involving third party organisations where we act as partner, agent, broker, reseller or affiliate, you confirm that you have read, understood and agree to their separate terms and conditions. These include, but are not limited to:
• Nominet UK for .uk domain registrations.
• TUCOWS and ICANN for .com, .net, .org, .biz, .info and .name domain registrations.
• Comodo for SSL Certificates.
• Tiscali and Netscalibur for Internet connectivity.

Cancellations

• If you subscribe to a yearly package we expect you to commit for this period of time. If you cancel your account within your service period then we will not make any refunds on any unused portions of your account.
• If you terminate an agreement with us you will be required to pay in full all fees and costs owed to us immediately.
• The release of domains administered by PlanetWorks or its agents is subject to a fee. This is currently £30 per domain and is payable before the release is carried out.

The Virtual Control Panel

• Any attempt to use the Virtual Control Panel for purposes other than it's intended use will result in your account being terminated.
• Any attempt to obtain the source code and internal functionality of the Virtual Control Panel will result in legal action.

Bandwidth

• If your bandwidth reaches the points where it has an adverse affect on other clients we reserve the right to disable your site until you can reduce your bandwidth usage.
• Each virtual server includes a set amount of bandwidth. If you use more than this amount then you agree to pay for this bandwidth at a rate of 5p (five pence) per 1 MB.

Web Pages

• Commercial use of web and ftp space is permitted.
• You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law.
• You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
• We reserve the right to remove material deemed inappropriate from your web pages, without prior notice.

Design Services

• Your site will be installed on our servers unless stated otherwise.
• All material provided to us by you will remain your property.
• All material developed specifically for you will become your property on payment of all outstanding fees and costs.
• It is your responsibility to ensure that you are the legal owner of all material provided to us, or have the right to use it, and that its use does not infringe upon any Copyright, Trade Mark or other legislation.
• It is your responsibility to check, prior to going live, that the text and images in your web site are truthful and do not violate UK law or relevant foreign or international laws.
• We shall not be held liable for any claims, demands or any other actions arising from your web site.
• We reserve the right to use images of unrestricted areas of your web site for publicity purposes.

Privacy

• Use of many of our services requires that you provide PlanetWorks Media Ltd with personal details. By doing so, whether through one of our Web sites, by e-mail, by post, by fax or any other medium, you agree to our Privacy Policy.

Acceptable Use

• PlanetWorks expects its clients to use its services and systems responsibly and considerately. By using our services you implicitly agree to our Acceptable Use Policy.

LEGAL TERMS AND CONDITIONS

1. In these conditions:

1.1 "Agreement" means any agreement made subject to these Conditions which shall incorporate these Conditions.

1.2 "Company" means PlanetWorks Media Ltd of Vienna House, International Square, Bickenhill Lane, Solihull, West Midlands B37 7GN.

1.3 "Internet" means the global data network comprising interconnected networks using TCP/IP to which the company is connected and provides access to its customers.

1.4 "Internal Address" means such sequence of alpha numeric or numeric only characters as are used from time to time by the Customer to identify himself and or his computer or computers to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer.

1.5 "Password" means the alpha numeric characters chosen and used exclusively by the Customer at his own risk for the purpose of securing and maintaining the exclusivity of his access to the Company's service.

1.6 "PDN" means the Public Data Network operated by a PTO as defined by the Telecommunications Act 1984.

1.7 "PSTN" means the Public Switched Telephone Network operated by a PTO as defined by the Telecommunications Act 1984.

1.8 "PTO" means a Public Telecommunications Operator as defined by the Telecommunications Act 1984.

1.9 "Customer" means any person or organisation with whom the Company enters into an Agreement subject to these conditions.

1.10 "Service" means the services described in the current Company literature together with such Value Added Services to be provided by the Company to the Customer but in any event the provision of data network services using TCP/IP. Representations made by the Company’s distributor will not form part of this agreement unless confirmed in writing prior to purchase of the service.

1.11 "Service Commencement Date" means the date identified as the delivery date on the company invoice to the Customer.

1.12 "Value Added Service" means the provision of a service other than simple connectivity that may be detailed in the current Company brochure.

1.13 "A Call" is defined as the connection of one or more parties via the networks or the PSTN where the ability to transmit or receive digital data or other information is made possible. This applies to one and two way traffic and includes any recorded and or automated transmissions and or the reception of data.

1.14 "Upgrade Usage Charges" means such charge for such predetermined unit of time and or volume of data together with any charges related to Value Added Services from time to time provided by the Company in each case at the rates set out or referred to in the Company’s published tariffs and or such as may be agreed in writing with between the Customer and the Company.

1.15 "User Name" means such sequence of alpha numeric characters as are used from time to time by the Customer to identify himself to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer.

1.16 "TCP/IP" is the abbreviation for Transmission Control Protocol/ Internet Protocol.

1.17 " Network Operator" means the legal entity or entities responsible for operation of a communications network.

1.18 "The Company’s Network" means the network owned and operated by The Company for the purpose of providing services and publishing information on behalf of the Customer.

1.19 "Dial-Up Usage" means use of the Service over a dial-up telephone line.

2. Acceptance Of Application

The Company reserves the right to refuse any application for subscription or service.

3. Hosting Services

Subject to these Conditions the Company will:

3.1 Connect the Customer to the Company’s Network Internet points and service.

3.2 Domain registrations can take 4 working days from the point of payment and receipt of full details.

3.3 Web Site hosting can take 2 weeks from point of payment until they are fully operational.

3.4 Provision of Connectivity to the Customer shall be made as soon as reasonably possible. Any date indicated by the Company as a date for connection is an estimate only and may be liable to change without prior notification to the Customer. Accordingly the Company will not be responsible for any delay in connection beyond such a date.

4. Design Services

4.1 The Company normally only accepts orders on official order forms, either hardcopy or on-line, and subject to these terms unless expressly agreed otherwise in writing on a Company letterhead.

4.2 All web sites will be optimised for viewing with Microsoft Internet Explorer (version 4.0 or higher) or Netscape Navigator (version 4.0 or higher), to be viewed on screen resolution of 800 x 600 in high colour unless stated otherwise in writing. The Customer accepts that certain features of their site may not work, or may not be visible, or may look different, depending on the functionality of the hardware and software used to view the site.

4.3 The Customer must own copyright, or have reproduction rights, of all artwork, trade names, photographs, and or other materials supplied to the Company for inclusion on the Customers web site. The Customer shall indemnify the Company against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The Customer shall have full liability for the consequences of the contents of their site as long as the site reflects the Customers instructions to the Company.

4.4 The Company shall own the full copyright of all graphics, text code created by them until full payment for services has been made. Once payment has been made, ownership of copyright on all material developed specifically for the customer shall pass to the customer.

4.5 Payment for design services becomes due (unless agreed otherwise in writing) as follows: 50 % on acceptance of the proposal and 50% on going live. Failure to pay on time will render the client liable to a charge of interest payable from day to day on overdue amounts at the rate of 2% above base rate + VAT if applicable.

4.6 The Company may suspend or remove permanently, any site from/on the Internet where due payment has not been received after giving 2 days notice in writing by fax, post or e-mail.

5. Right to Change Username, Internet Address and Password

The Company shall have the right from time to time to change the Customer User name, Internal Address and or Password allocated by the company for the purpose of essential network maintenance enhancement modernisation or other work deemed necessary to the operation of the Internet.

6. Payments

6.1 Charges for the Service shall be paid by the Customer to the Company by cheque in advance unless any other payment method has been agreed in writing between the Company and the Customer or as detailed on the contract order form.

6.2 The Company reserves the right to vary from time to time all charges with one months notice to the Customer

6.3 Any Upgrade Usage Charges detailed in any published tariff and that of its appointed distributor currently in operation shall be paid by the Customer to the Company in advance covering the period to the next payment date of the original data rate supply rate and thereafter simultaneously with the original data rate supply payment.

6.4 Itemised details of excess usage and other relevant charges may be made available to the Customer if ordered in advance and the Company reserves the right to make an additional charge for this service.

6.5 All payments shall be paid to the Company net within thirty (30) days of presentation of invoice unless otherwise specified on the invoice at the Company’s main office or at such other address as may from time to time be specified by the Company in writing. Invoices will be presented to the customer at least thirty (30) days before their due date. The Company may by written notice at any time require the Customer to pay all charges by Direct Debit on the 7th day after posting the invoice. All usage charges shall be payable in full in respect of the month in which the notice to terminate the Agreement expires.

6.6 Interest payable on demand whether before or after judgment shall accrue from day to day on overdue amounts at the rate of 2% above base rate + VAT if applicable.

7. Usage

The Customer hereby agrees to:

7.1 Refrain from transferring any illegal material to or from other users of the service or the PDN and the other privately owned and operated services to which the Company may from time to time provide access.

7.2 Refrain from sending menacing, offensive, abusive or annoying messages whilst under the service.

7.3 Not divulge their password to any third party and use all reasonable endeavours to keep the same confidential and inaccessible to third parties.

7.4 Keep the Company informed of any change to the Customer’s address and other such information as may effect the payment of charges due.

7.5 Immediately cease to use and return any Internet Addresses allocated by the Company to the Customer on termination of this Agreement.

7.6 Not to announce by any means any and all Internet addresses allocated to or by the Customer as part of an Autonomous System.

7.7 Not to use or permit the usage of the service in an unlawful manner or in contradiction of published legislation and regulations governing the Internet.

8. Liability

The Company shall not be liable for any loss or damage howsoever caused:

8.1 Economic loss, including loss of profits, business revenue and goodwill.

8.2 Any claim made against the Customer by another third party.

8.3 Any loss or damage to the Customer caused by or arising from any act or omission of the Customer, the Company, any PTO or Value Added Service Supplier.

8.4 Any act caused as a result of force majeur or beyond the Company’s control.

9. Changes to the Service

If any Network Operator shall discontinue the provision of telecommunications services to the Company or shall alter by modification, expansion, improvement, maintenance or repair of the telecommunications services or any part thereof provided to the Company, the Company shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Services as necessary.

10. Suspension

The service may be suspended or suspended during peak times by the Company without notice and without prejudice to the Company’s Rights Of Termination under Clause 11 in the event.

10.1 Failure by the Customer to make any payment to be made to the Company on its due date for payment.

10.2 If the Customer does or suffers anything to be done which jeopardises the service or any network to which it is from time to time connected.

10.3 If the Customers credit limit has been exceeded or if the Customer is otherwise in breach of these Terms and Conditions.

10.4 No such suspension shall affect the liability of the Customer to pay charges and other amounts to the Company, and without limitation, the Annual Hosting Charge will continue to accrue. During suspension the Company reserves the right to refuse to release the User’s Internet Address as issued by the Company.

11. Termination

This Agreement shall remain in force for a minimum period of 12 months from acceptance of Customers application being the date on which the Company’s order form was signed by the Customer.

Termination can be effected as follows:

11.1 By the Customer. The Customer may terminate this Agreement by giving 3 month’s notice after the termination of this agreement. E-mail notification will not be accepted as notice of termination of Agreement.

11.2 By the Company. The Company may terminate this Agreement at any time and without notice if:

if the Customer commits any breach of this Agreement including but without limitation non-payment of the Subscription Payments.

by at least 1 months written notice to the Customer.

11.3 The Company reserves the right to invalidate any Customer’s User name and Internet Address issued to the Customer following termination of this Agreement.

11.4 Domain name hosting and transfer request for DNS records must be in writing with the authorised signature of the domain owner. There is a charge of £30+vat for each domain transfer away from The Company.

11.5 No refund of Subscription Payments will be made to the Customer upon termination of the Agreement by either the Company or the Customer.

12.Rights on Termination

12.1 Termination of the Agreement shall not affect any pre-existing liability of the Customer or affect any right of the Company to recover damages or pursue any other remedy in respect of any breach by the Customer of the Agreement.

12.2 On termination of the Agreement right to the use of the Internet IP Address allocated by the company shall revert to the Company under RIPE terms or agreement except where specific agreement has been reached in writing between the RIPE and the Customer for the transfer of the Internet Address and the fee or other payment required by the Company in connection with such transfer has been paid for by the Customer.

12.3 In the event of termination of the Agreement by the Company on account of any breach of the terms and conditions thereof by the Customer the Company shall be entitled to the balance of all Annual Subscription Payments and Call Charges which would but for such termination have accrued due up to the earliest date on which the Agreement could have been terminated by the Customer in accordance with the terms hereof.

13. Username and Internet Address

The Company shall not be requested or required to release the User name Domain Name or Internet Address and may refuse to do so until this Agreement has been lawfully brought to an end and all sums due hereunder have been received by the Company, and the Customer has complied with all its obligations hereunder. Domain Names remain the property of the Company until all sums due have been received.

14. Notices

14.1 Any notices under or in connection with this Agreement shall be in writing and shall be delivered by Royal mail post to the relevant address given in the Agreement or to such address as the recipient may have notified to the other party via E-mail for that purpose.

14.2 Suspension notices for non-payment of Charges will be deemed as delivered by facsimile to the relevant facsimile number given in the Application or to such facsimile number as the Customer may have notified.

14.3 Any notice shall be duly given, if given by pre-paid first class mail, at the expiration of 48 hours after the envelope containing the same shall have been posted. In proving such service it shall be sufficient to prove that delivery was made or that the envelope containing such communication was properly addressed and posted as a pre-paid first class letter.

15. Expenses of the Company

The Customer shall pay to the Company all reasonable costs and expenses incurred by the Company in enforcing any of these Conditions, or exercising any of its other rights and remedies under the agreement, including (without prejudice to the generality) all costs incurred in tracing the Customer in the event that legal processes cannot be enforced at the address last notified to the Company.

16. Non-Waiver

The allowance of time to pay or any other indulgence by the Company in respect of payments due to it shall in no manner affect or prejudice it’s right to payment together with interest provided under these Conditions.

17. Invalidity

If this Agreement or any part thereof shall be adjudged for any reason to be void, unenforceable or ineffective but would be adjudged to be valid effective and enforceable if part of the wording were deleted or a provision were reduced in scope this Agreement shall continue with such modifications as may be necessary to make its provisions (or if such be the case its remaining provisions ) valid effective and enforceable.

18. Clause Headings

Clause Headings are for ease of reference and are not part of this Agreement and accordingly shall not affect its validity.

19. Other Printed or Standard Conditions

All services are provided on the foregoing conditions which constitute the entirety of the Agreement to the exclusion of any other terms & conditions and no agreement terms & conditions contained in any document sent by the Customer to the Company shall be of any effect with respect to the Agreement unless expressly accepted by a duly authorised officer of the Company in writing The Customer acknowledges that the Customer has not relied on and shall not be entitled to rescind the Agreement or to claim damages or any other remedy on the basis of any representation, warrant, undertaking or statement which is not set out in the Conditions including any representation made by or on behalf of the Company in relation to the Service which has included the Customer to enter into this Agreement with the Company.

20. Variation

The Company reserves the right to vary these terms & conditions as a result of changes required by its insurers, operation or administration problems, new legislation, statutory instruments, Government regulations or licences. The Conditions may not otherwise be varied or waived except by express written agreement between both parties.

21. Service Level Guarantee

The Company warrants that it's supply of access to the Internet shall be at a level of 99.7% per year. This warrant excludes failures of local circuits between The Company's network and the Customers network and or failures of or in the operation of customer owned hardware and or software. In the event of suspension of service due to a technical fault in the network or act of God, the Company will use all possible endeavour to resume service with minimum delay but will not be responsible for loss suffered by the Customer. The Company may suspend the service from time to time for necessary technical reasons and network upgrades outside the 99.7% warranty as above provided that 48 hours notice has been given to the Subscriber, and that the time that the suspension occurs is usually chosen between 0000 hours and 0600 hours local time.

22. Site Registrations

The Company will not be held liable for any service that it provides which is totally reliant upon a third party over which the Company has no administrative control. All search engine registrations carried out by the Company are done so to the best of our abilities, but we make no guarantee as to the placement of registered pages within individual search engine directories, nor the amount of time that individual search engine directories may take to catalogue the information presented.

23. Law and Arbitration