"The Service" means the Web Hosting service as listed and described in Linctel’s product literature and publications issued from time to time.
"The Company" means Linctel Ltd
"The Customer" means the company or individual or organisation named on the application form.
"Hosting Package" means the level of web hosting service purchased by the customer.
The Web Hosting Service will enable you to promote your business on the World Wide Web, otherwise known as the Internet to the level covered by your hosting package.
The company will use reasonable efforts to make the service available at all times. However, the quality and availability of the service may be affected by factors outside the company’s control such as Industrial action, default or failure of a third party, or environmental factors. The service may also be affected by faults In the Public Switched Communications Network.
This agreement shall come into force with effect from the date of commencement of service.
The term of this agreement is for a minimum period of one year from the date the of commencement. The customer may terminate this agreement by giving not less than 30 days written notice any time after the first nine months, such notification will only become effective upon receipt of such written notice following which the service will be disconnected.
The technology and software used to provide the service and all the rights same belong to the company. The customer may not sell or transfer the hosting package without obtaining the written consent of the company. Such transfer will only be approved subject to a satisfactory contract being completed by the transferee.
Our acceptable use policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.
Illegality
In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material.
Undesirable Content
Certain types of content are not permitted on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.
Bulk Email
The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.
Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.
The company may at its sole discretion upon giving the customer 7 days written notice elect to suspend forthwith provision of the service or any part of the service until further notice without compensation in the event that:
a) Any invoice or other request for payment has been outstanding for more than 30 days.
b) The customer is in breach of a material term of this agreement.
The company reserves the right to make any reasonable re-connection charge and impose differing payment terms following such suspension.
The company will not be liable for any inability to provide the service due to any factor outside the company’s control, including but not limited actions or events mentioned under "THE SERVICE" above.
The customer is required to indemnify the company in respect of any costs or legal fees incurred by the company as a result of any breach by the customer of this agreement, including unacceptable use of the service.
Payment of any charge incurred is due within 14 days of the date of the annual invoice. If payment is not made on the due date the company may suspend part, or all of the service as provided for under "SUSPENSION OF THE SERVICE" above. Rates of charges are as per company literature. An administration charge may be made for any re-activation of service following suspension.
The company shall arrange for submission of invoices for usage as applicable. Usage charges payable shall be calculated by reference to data recorded by the company and not by reference to any data recorded or logged by the customer.
The company reserves the right to charge daily interest on amounts outstanding on unpaid invoices 14 days after the invoice due date, until payment in full is received, such interest rate to be equal to 3 per cent above the National Westminster Bank Plc. Base Lending Rate as current from time to time, whether before or after judgement. Interest shall continue to accrue notwithstanding suspension or termination of this agreement.
All prices are quoted exclusive of VAT.
Notwithstanding anything to the contrary expressed or implied in this agreement, either party (without prejudice to Its rights) may terminate this agreement forthwith in the event that:
A liquidator (other than for the purpose of amalgamation or reconstruction), trustee in bankruptcy, administrator, receiver or receiver and manager is appointed in respect to the whole or part of the assets and/or undertaking of the customer or the customer enters into an arrangement or composition with its creditors, or if the customer becomes unable to pay its debts or the customer is in breach of a material term of this agreement and upon being given notice of that breach in writing fails to remedy that breach within 14 days.
This agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all other agreements and representations made by either party, whether oral or written and this agreement may only be modified if such modification is in writing and signed by a duly authorised representative of each party thereto.
Failure by either party to exercise or enforce any right conferred by this agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.
Any notice, invoice or other document which may be given by the company under this agreement shall be deemed to have been duly given if left at or sent by post to an address notified to the company in writing by the customer as an address to which notices, invoices or other documents may be sent, or the customer's usual or last known place of abode or business, or if the customer is a limited company, its registered office. The company's address for the service of any notice by the customer under this agreement shall be such address as is shown on the last invoice rendered to the customer or such address as the company may prescribe for that purpose.
Any concession or extra time allowed is limited to the specific circumstances in which it was given.
Any bill or notice from the company will be deemed as served within 48 hours of posting.
The company may vary its charges or terms and conditions at any time by giving 30 days notice thereof to the customer.
This agreement shall be governed by and construed and interpreted in accordance with English law and the parties hereby submit to the jurisdiction of the English courts.