Terms of Service
InterWeb ("The Company") agrees to furnish services to
the Subscriber, subject to the following TOS (Terms of
Service).
Use of InterWeb Service constitutes
acceptance and agreement to InterWeb's AUP as well as
InterWeb's TOS (Terms of Service).
All provisions of
this contract are subject to the TOS (Terms of Service)
of InterWeb and AUP
(Acceptable Use Policy). We reserve the right, at
our discretion, to change, modify, add, or remove
portions of these terms and conditions (and the
provisions of any policies applicable to the Service(s))
or vary the Service(s) by giving at least 14 days prior
notice to the Announcement page and/or via email sent to
your billing e-mail address. You should also check these
terms periodically for changes. Your continued use of
InterWeb's Service(s) following the posting of changes to
these terms and conditions and/or the Service(s) will
mean you accept those changes. If you do not agree to
any such modified terms, you will be entitled to cancel
our contract via the standard communication
methods.
This Agreement shall be construed in all
respects in accordance with the laws of the United
Kingdom.
- Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for
illegal activities. Therefore, Subscriber agrees that
the Company may disclose any and all subscriber
information including assigned IP numbers, account
history, account use, etc. to any law enforcement
agent who makes a written request without further
consent or notification to the Subscriber. In addition
InterWeb shall have the right to terminate all service set
forth in this Agreement.
- Service Rates: Subscriber acknowledges that
the nature of the service furnished and the initial
rates and charges have been communicated to
Subscriber. Subscriber is aware that the Company may
prospectively change the specified rates and charges
from time to time. The promotional offer is contingent
upon Company achieving and maintaining its cost of
service goals including but not limited to rates
charged to company by its suppliers.
- Payments and Fees: Service will be
interrupted on accounts that reach 7 days past due.
Service interrupted for nonpayment is subject to a £10
reconnect charge. Accounts not paid by due date are
subject to a £5 late fee. Accounts that are not
collectable by InterWeb may be turned over to an outside
collection agency for collection. If your account is
turned over for collection, you agree to pay the
company a "Processing and Collection" Fee of not less
than £25 nor more than £200. If you desire to cancel
your account, please follow the proper procedure to do
this as outlined in this TOS.
- Refund and Disputes: Certain payments to
InterWeb are nonrefundable. This can include one time
setup fees and subsequent charges regardless of usage
and PayPal payments. All overcharges or billing
disputes must be reported within 60 days of the time
the dispute occurred. If you dispute a
charge(chargeback) to your credit card issuer that, in
InterWeb's sole discretion is a valid charge under the
provisions of the TOS and /or AUP, you agree to pay
InterWeb an "Administrative Fee" of not less than £25 and
not more than £200.
- Failure to Pay: The Company may temporarily
deny service or terminate this Agreement upon the
failure of Subscriber to pay charges when due. Such
termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges,
plus reasonable interest and any collection
fees.
- Account Cancellation: Requests for
cancelling accounts may be made via our website with
at least 30 days notice but not more than 60 days
prior written notice.
Please submit your
request via http://www.interwebdirect.co.uk/billing/
You
must have all account information to
cancel.
All hosting accounts have a minimum
rentention period of 30 days. Dedicated Servers have a
minimum rentention period of 30 days. Colocation
services have a minimum rentention period of 12
months. These retention times can change if a seperate
contract is issued, however, you will be notified if
you are subject to this.
Colocation Subscribers
issued with a PAC key must return this to us
immediately. Should this not be received within 14
days of account closure, you agree to pay InterWeb an
"Administrative Fee" of £25.
You may also
cancel a new order as long as the service has not
started internal provisioning. If this is the case,
the fee standard to one month of service will be
charged.
- Subscriber acknowledges that the service
provided is of such a nature that service can be
interrupted for many reasons other than the negligence
of the company and that damages resulting from any
interruption of service are difficult to ascertain.
Therefore, subscriber agrees that the company shall
not be liable for any damages arising from such causes
beyond the direct and exclusive control of the
company. Subscriber further acknowledges that the
company's liability for its own negligence may not in
any event exceed an amount equivalent to charges
payable by subscriber for services during the period
damages occurred. In no event shall the company be
liable for any special or consequential damages, loss
or injury.
- New Domain Accounts: All new webhosting
accounts involving new domains will be set up and
entered into our DNS servers within 24 hours. Due to
unforeseen complications, however, this process may
sometimes require up to 2 business days. Should you
wish to take advantage of our free domain offer you
will be required to keep the account for a minimum of
6 months. If you decide to cancel the account within
the first 6 months, a fee of £10 is payable.
- Transfer of Domains: New webhosting accounts
which involve the transfer of a domain from another
provider to InterWeb will require a minimum of seven (7)
days to be set up and entered into our DNS servers. In
some cases, such transfers may take up to sixty (60)
days. Due to the unpredictable nature of the transfer
process, no guarantees are made regarding the amount
of time a specific transfer may take. If the transfer
of the domain is done by InterWeb on behalf of the account
holder a handling fee will be incurred. If the
customer cancels service during the transfer period
for any reason, all charges are considered earned. Any
domain transferred from an account that has no active
hosting plan, will encur a £5 per domain transfer
fee.
- Support Boundaries: InterWeb, provides 24 x 7
technical support to our subscribers (except for few
holidays and short company meetings when we close our
center.) We limit our technical support to our area of
expertise. The following is our guidelines when
providing support: InterWeb provides support related to
your server or virtual site physical functioning. InterWeb
does not offer tech support for application specific
issues such as cgi programming, html or any other such
issue. InterWeb does not provide technical support for
YOUR customers. If you can email, we encourage you to
email support@interwebdirect.co.uk for assistance. If you are able to get online and have
other questions, the answers may be on our home page
at http://www.interwebdirect.co.uk/billing/ - we
encourage you to check there first. Lastly, the Help
files in the program you are using may have the answer
to your question so please do investigate these
resources before calling tech support.
- SPAM and Unsolicited Commercial Email (UCE): InterWeb takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over our
network. Very simply this means that customers of InterWeb
may not use or permit others to use our network to
transact in UCE. Customers of InterWeb may not host, or
permit hosting of, sites or information that is
advertised by UCE from other networks. Violations of
this policy carry severe penalties, including
termination of service.
- Violation of InterWeb's SPAM policy will result in
severe penalties. Upon notification of an alleged
violation of our SPAM policy, InterWeb will initiate an
immediate investigation (within 48 hours of
notification). During the investigation, InterWeb may
restrict customer access to the network to prevent
further violations. If a customer is found to be in
violation of our SPAM policy, InterWeb may, at its sole
discretion, restrict, suspend or terminate
customer's account. Further, InterWeb reserves the right
to pursue civil remedies for any costs associated
with the investigation of a substantiated policy
violation. InterWeb will notify law enforcement
officials if the violation is believed to be a
criminal offense.
- First violations of this policy will result in an
"Administrative Fee" of £250 and your account will
be reviewed for possible immediate termination. A
second violation will result in an "Administrative
Fee" of £500 and immediate termination of your
account. Users who violate this policy agree that in
addition to these "Administrative" penalties, they
will pay "Research Fees" not to exceed £200 per hour
that InterWeb personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM from your
account.
- As our Customers are ultimately responsible for
the actions of their clients over the InterWeb network,
it is advisable that Customers develop a similar, or
stricter, policy for their clients.
IMPORTANT
NOTICE:
BEGINNING IMMEDIATELY,
anyone hosting websites or services on their server
that support spammers or cause any of our IP space to
be listed in any of the various Spam Databases will
have their server immediately removed from our
network. The server will not be reconnected until such
time that you agree to remove ANY and ALL traces of the offending material
immediately upon reconnection and agree to allow us
access to the server to confirm that all material has
been COMPLETELY removed. Severe violations may
result in immediate and permanent removal of the
server from our network without notice to the
customer. Any server guilty of a second violation WILL be immediately and permanently removed
from our network without notice.
- Network
- IP Address Ownership: If InterWeb assigns
Customer an Internet Protocol address for Customer's
use, the right to use that Internet Protocol address
shall belong only to InterWeb, and Customer shall have
no right to use that Internet Protocol address
except as permitted by InterWeb in its sole discretion
in connection with the Services, during the term of
this Agreement. InterWeb shall maintain and control
ownership of all Internet Protocol numbers and
addresses that may be assigned to Customer by InterWeb,
and InterWeb reserves the right to change or remove any
and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion. Our
allocation of IP addresses is limited by ARIN's new
policies. These new policies state that use of IP
addresses for IP based virtual hosts will not be
accepted as justification for new IP addresses. What
this means to you is that you MUST use name-based
hosting where possible. We will periodically
review IP address usage, and if we find that clients
are using IP addresses where name-based hosting
could be used, we will revoke authorization to use
those IP addresses that could be used with
name-based hosting.
- Bandwidth and Disk Usage: Customer agrees
that bandwidth and disk usage shall not exceed the
number of megabytes per month for the Services
ordered by Customer on the Order Form (the "Agreed
Usage"). InterWeb will monitor Customer's bandwidth and
disk usage. InterWeb shall have the right to take
corrective action if Customer's bandwidth or disk
usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional
charges, disconnection or discontinuance of any and
all Services, or termination of this Agreement,
which actions may be taken is in InterWeb's sole and
absolute discretion. If InterWeb takes any corrective
action under this section, Customer shall not be
entitled to a refund of any fees paid in advance
prior to such action. In the event that a
customer exceeds the included allocation, InterWeb may,
at its sole discretion, collect a deposit, in an
amount determined by InterWeb, against customer's credit
card on file with InterWeb.
- System and Network Security: Users are
prohibited from violating or attempting to violate
the security of the InterWeb Network. Violations of
system or network security may result in civil or
criminal liability. InterWeb will investigate
occurrences, which may involve such violations and
may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in
such violations. These violations include, without
limitation:
- Accessing data not intended for such User or
logging into a server or account, which such User
is not authorized to access.
- Attempting to probe, scan or test the
vulnerability of a system or network or to breach
security or authentication measures without proper
authorization.
- Attempting to interfere with service to any
user, host or network, including, without
limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of
the header information in any e-mail or newsgroup
posting.
- Taking any action in order to obtain services
to which such User is not entitled
- Notification of Violation:
- InterWeb is under no duty to look at each customer's
or user's activities to determine if a violation of
the AUP has occurred, nor do we assume any responsibility
through our AUP to monitor or police
Internet-related activities.
- First violation: Any User, which InterWeb determines
to have violated any element of this Acceptable Use
Policy, shall receive an email, warning them of
the violation. The service may be subject at InterWeb's
discretion to a temporary suspension pending a
User's agreement in writing, to refrain from any
further violations.
- Second Violation: Users that InterWeb determines to
have committed a second violation of any element of
this Acceptable Use Policy shall be subject to
immediate suspension or termination of service
without further notice.
- We reserve the right, to drop the section of IP
space involved in Spam or Denial-of-Service
complaints if it is clear that the offending
activity is causing great harm to parties on the
Internet. In particular, if open relays are on your
network or a customer's network, or if denial of
service attacks are originating from your network.
In certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will
contact you as soon as is feasible.
- Suspension of Service or Cancellation: InterWeb
reserves the right to suspend network access to any
customer if in the judgment of the InterWeb network
administrators the customer's server is the source or
target of the violation of any of the other terms of
the AUP or for any other reason which InterWeb chooses. If
inappropriate activity is detected, all accounts of
the Customer in question will be deactivated until an
investigation is complete. Prior notification to the
Customer is not assured. In extreme cases, law
enforcement will be contacted regarding the activity.
The customer will not be credited for the time the
customer's machines were suspended.
- InterWeb reserves the right to amend its policies at
any time. All Sub-Networks, resellers and managed
servers of InterWeb must adhere to the above policies.
Failure to follow any term or condition will be
grounds for immediate Cancellation. You will be held
responsible for the actions of your clients in the
matter described on these Terms and conditions.
Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise
called Acceptable Terms of use policy.
- Indemnification: InterWeb wishes to emphasize
that in agreeing to the InterWeb Acceptable Use
Policy (AUP) and Terms of Service (ToS), customer
indemnifies InterWeb for any violation of the Acceptable Use
Policy (AUP) and Terms of Service (ToS) that
results in loss to InterWeb or the bringing of any claim
against InterWeb by any third-party. This means that if
InterWeb is sued because of a customer's or a customer of
a customer's activity, the customer will pay any
damages awarded against InterWeb, plus all costs and
attorney's fees.
- Miscellaneous Provisions: You must provide
us with, and keep current, good contact information
for you. E-mail, fax, and telephone contacts are used,
in that order of preference.
- A waiver by the Company of any breach of any
provision of this Agreement by Subscriber shall not
operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
- Subscriber shall not transfer or assign this
Agreement without the prior written consent of the
Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber.
Company reserves right to cancel customers rights
under this contract at anytime without further
obligation.
- InterWeb takes no responsibility for any material
input by others and not posted to the InterWeb Network
by InterWeb. InterWeb is not responsible for the content of
any other websites linked to the InterWeb Network; links
are provided as Internet navigation tools only. InterWeb
disclaims any responsibility for any such
inappropriate use and any liability to any person or
party for any other person or party's violation of
this policy.
- InterWeb is not responsible for any damages your
business may suffer. InterWeb does not make implied or
written warranties for any of our services. InterWeb
denies any warranty or merchantability for a
specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions
caused by InterWeb.
- It is absolutely forbidden to host anonymous
proxies/remailers or IRC servers on Virtual Server
Accounts. Virtual Server Accounts found hosting this
material will be subject to immediate cancellation
without refund.
- Responsibility for Content: You, as InterWeb's
customer, are solely responsible for the content
stored on and served by your InterWeb
server.
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