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In
these Terms and Conditions: 1.2
"Company" means X9 Internet, a division of
Megathrills Limited, Unit 12, Morehouse Business
Park, Ditchling Road, Wivelsfield, West Sussex,
UK. 1.3
"Customer" means any person or organisation with
whom the Company enters into an Agreement
subject to these conditions. 1.4
"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 Network. 1.5
"Service" means the services described in the
current Company literature and web site together
with such Value Added Services to be provided by
the Company to the Customer. Representations
made by the Company's representatives will not
form part of this agreement unless confirmed in
writing prior to accepting service as stipulated
by the Company's representative. 1.6
"Value Added Service" means the provision of a
service other than simple hosting that may be
detailed in the current Company brochure or web
site. 1.7
"Network Operator" means the legal entity or
entities responsible for operation of a
communications network. 1.8
"The Company's Network" means the network owned
and operated by The Company for the purpose of
connecting The Customer's Web Space to The
Internet. 1.9
"Sub Domain" means a domain name which is
permanently attached to a top or second level
domain name or other owned by the Company and
used for the purpose of allocating Sub Domains
to the Company and its Customers, such remaining
the property of the Company at all
times. 1.10
"Web Space" means the allocation of a
partitioned area on the Company's computer hard
drive onto which the Customer may upload and
download files which is connected to the
Internet. 2.
ACCEPTANCE OF APPLICATION 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 point of payment and receipt of full
details. 3.3
Web Site hosting can take up to 4 days 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.
RIGHT TO CHANGE USERNAME, INTERNET ADDRESS AND
PASSWORD 5.
PAYMENTS 5.2
Quarterly (every three months) or yearly (every
12 months) or 2 yearly (every 24 months)
rental/hosting Charges for the Service shall be
paid by the Customer to the Company either by
means of a standing order or by cheque or credit
card on presentation of a Company invoice for a
term of service. Cash payments are not accepted.
When a Company invoice has been generated for a
term of service, this invoice is due for payment
immediately and must be paid by the Customer no
later than thirty (30) days from the date of
issue. 5.3
Domain registrar (fees imposed by Nominet,
Networksolutions etc., or any other domain
registrar) and Company registration fees for UK
and other domains become due immediately and
must be paid no later than seven (7) days from
invoice or thirty (30) days from the date of
registration, else ownership of any such domain
will remain with the Company. 5.4
The Company reserves the right to vary from time
to time all charges with one months notice to
the Customer except the Internet web hosting
rental which will only be varied at the end of
the 12 month or 24 month period or any other
minimum period as had been agreed upon by The
Company and The Customer. 5.5
Itemised details of excess bandwidth and any
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. 5.6
All payments shall be due to the Company on
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 on this web
site. 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 of the
invoice. 5.7
Interest payable on demand whether before or
after judgement shall accrue from day to day on
overdue amounts at the rate of 4% above base
rate if applicable. 6.
USAGE 6.1
Refrain from using the Company's systems for the
propagation, distribution, housing, processing,
storing, or otherwise handling in any way
material protected by copyrights, or lewd,
obscene, or pornographic material, or any other
material which we deem to be objectionable,
including, but not limited to, pornography,
satanic materials, and any and all materials of
an adult nature. The designation of any
materials as such described here is left
entirely to the discretion of the
Company. 6.2
Refrain from transferring any illegal material
to or from other users of the service and the
other privately owned and operated services to
which the Company may from time to time provide
access. 6.3
Refrain from using our network to send bulk
email from an acquired email list to promote a
site or product. 6.4
Refrain from sending menacing, offensive,
abusive or annoying messages whilst using the
service. 6.5
Not divulge their password to any third party
and use all reasonable endeavours to keep the
same confidential and inaccessible to third
parties. 6.6
Keep the Company informed of any change to the
Customer's address and other such information as
may effect the payment of charges
due. 6.7
Immediately cease to use and return any Internet
Addresses owned by and allocated by the Company
to the Customer on termination of this
Agreement. 6.8
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. 7.
RESOURCE USAGE 7.1
Use 25% or more of total system resources for
longer then 90 seconds. There are numerous
activities that could cause such problems, but
the main offenders are CGI and PHP
scripts. 7.2
Run any type of interactive real-time chat
applications that require server resources.
Remotely-hosted services are fully allowed.
7.3
Run stand-alone, unattended server-side
processes at any point in time on the server.
This includes any and all daemons, such as IRCD.
7.4
Run any software that interfaces with an IRC
(Internet Relay Chat) network. 7.5
Run any bit torrent. 7.6
Run any gaming servers such as Counter-Strike,
Half-Life, Battlefield1492, etc. 8.
LIABILITY 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 majeure or
beyond the Company's control. 8.5
The Company makes no warranties, either
expressed or implied, including but without
being limited to any warranties of
merchantability or fitness for any particular
purpose. 8.6
The company takes no responsibility for
materials posted in its users accounts, even if
such materials are set up and/or maintained by
the Company. This includes responsibility for
accuracy of information and potential copyright
infringement. All such responsibilities fall on
the Customer. 9.
CHANGES TO THE SERVICE. 10.
SUSPENSION 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
Subscription 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 11.1
By the Customer, The Customer may terminate this
Agreement by giving 3 month's notice after the
termination of this agreement. Email
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 (b)
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 no
charge for the transfer unless the Customer had
obtained a domain name registered under the
Company's Name Protection Scheme as per section
12.4 of this agreement. Transfer fees for
domains registered under the Company's Name
Protection Scheme are due before transfer is
initiated. 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 12.2
On termination of the Agreement right to the use
of the Internet IP Address allocated by the
company shall revert to the Company. 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 other fees for
services rendered on request by the customer,
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 13.2
When Customer uses a Sub Domain name allocated
to the Customer by the Company, that Sub Domain
remains the property of the Company at all
times. 13.3
By using any of the names made available by the
Company, you agree to keep the Company and all
their officers, directors and employees fully
and effectively indemnified at all times and
also indemnify them all accordingly against all
costs claims liabilities actions and expenses
arising directly or indirectly through your
choice and use of the domain name or by any
breach by you of your obligations contained
herein. 13.4
Customers who wish to register a given domain
name for the purpose of future usage can do so
by using the Company's Internet address
registration service referred to as the Name
Protection Scheme. Such registrations are made
by the Company on behalf of the Customer for a
fee equivalent to the cost incurred by the
Company. 14.
NOTICES 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 or by email to an
address supplied by and agreed by the customer
to be Customer's official email
address. 14.3
Any notice shall be duly given, if given by
prepaid 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 prepaid first class letter. 15.
EXPENSES OF THE COMPANY 16.
NONWAIVER 17.
INVALIDITY 18.
CLAUSE HEADINGS 19.
OTHER PRINTED OR STANDARD CONDITIONS 20.
VARIATION 21.
SERVICE LEVEL GUARANTEE 22.
LAW AND ARBITRATION This
agreement is subject to the laws of England under
the jurisdiction of the Courts of England and any
alteration to part of the agreement shall not
invalidate the remainder. |
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© 1998/2005 X9 Internet. Serial 134 12 - All
rights reserved. 