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Web Server Terms & Conditions Of Service

Xcellweb Internet Services/WirralNet is a provider of dedicated server solutions. All accounts and servers are subject to agreement and compliance of the terms and conditions described in this document/webpage. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below.

Acceptable Use
Xcellweb Internet Services services may only be used for lawful purposes. Transmission of any material in violation of International, Country, County, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws.
If you are found in violation of the Xcellweb Internet Services Acceptable Use Policy and Terms of Use, your account may be terminated without notice and you will forfeit all of the money that has been paid to us.
Examples of content that is not acceptable on Xcellweb Internet Services services: "Pirated software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Gambling Related", "Copyrighted Mp3's".
You specifically agree to indemnify and hold Xcellweb Internet Services harmless from any claims resulting from a breach of these terms, and/or their use of the service, which damages another.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, and password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Adult Web Sites
Xcellweb Internet Services does allow websites hosting adult orientated content on its network, provided it is in full compliance with applicable laws in all UK, US and European states and countries.

Spam
SPAM in any shape or form is NOT permitted and is grounds for immediate account termination. Mailing lists via a mailing list manager are acceptable as long as the lists are OPT-IN list that people have signed up for. Spam complaints from other users will not be tolerated.

IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on the network in any of its many forms including, but not limited to: bots and IRC servers. CGI based forums are NOT allowed on Xcellweb Hosting Services shared and reseller web servers due to their inefficiency. Please use a PHP based forum instead. If you are in doubt, please contact us.

Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

Service Availability
We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server. Our network uptime Service Level Agreement is 99.9% This covers network downtime as a result of a main data centre power failure, but not an isolated router/server. This does not cover server hardware or software failure or downtime as a result of an individual person(s) ISP routing or peering issues.

We shall have the right to suspend the Services at any time and for any reason although we will inform you of any action that is to be taken and how long it will last for. We do not tolerate more than one login session under any one account at any one time. User programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

Server hardware is the responsibility of Xcellweb Internet Services. If you server fails due to hardware fault, we are under obligation to replace the defective hardware, free of charge. If your server is found to have no hardware fault, but instead a software fault, we reserve the right to charge you £24.50 per every 15 minutes for the time a NOC engineer takes to repair the fault and bring the server back online. At weekends, the charge is a minimum of one (1) hour. All server hardware support is provided on a best effort basis and with no guarantee's or SLA's. Please contact us for information on obtaining an SLA to be used in conjunction with your server.

Fines & Charges
Xcellweb Internet Services reserve the right to levy a penalty fee of £10.00 GBP per violation of the Terms & Conditions of Service Agreement. We also reserve the right to levy any further charges detailed in any part of these terms and conditions.

Legal
Xcellweb Internet Services expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate our policy. Finally, Xcellweb Internet Services wishes to emphasize that in signing the service agreement, subscribers indemnify Xcellweb Internet Services for any violation of the service agreement, law, or Xcellweb Internet Services policy, which results in loss to Xcellweb Internet Services or the bringing of any claim against Xcellweb Internet Services by any third-party. This means that if Xcellweb Internet Services is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Xcellweb Internet Services, plus costs and reasonable attorneys' fees.

Limitation Of Liability
All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim.
In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising.
In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Notices
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

Payment
All accounts are set up on a prepay and pro-rated basis. Unless otherwise notified, payment is due on the 21st of each month for monthly payments or a year following the date the account was established for annual payments. If payment is not paid on or before the due date, Xcellweb Internet Services will suspend the service after 5 days of non-payment. The service will remain suspended for a period of 2 days, after which the account will be terminated, the data will be wiped from the server(s) and the client will be removed from our records. The client will then become liable for any setup charges incurred due to the setup of a new account. If you have problems making payment by the due date, it is important that you contact us as soon as possible to let us know your reasons and circumstances. We strongly consider all situations and we may be able to help you.

Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement. Misuse Of Resources including but not limited to employing applications which consume excessive CPU time. 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.
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. We may amend these terms of service with or without notice.