Users and customers of Services provided by G3 New Media must accept the terms and conditions of business set out below.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.3 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.4 "ISP" stands for internet service provider;
1.1.5 "server" means the computer server equipment operated by G3 New Media in connection with the provision of the Services;
1.1.6 "the Services" means web hosting, domain name registration, email and any other services or facilities provided by G3 New Media.
1.1.7 "spam" means sending unsolicited and/or bulk emails;
1.1.8 "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
1.1.9 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at www.G3NewMedia.co.uk.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide G3 New Media with data that will be hosted on G3 New Media servers and made accessible via the Internet.
2.2 G3 New Media provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
3 DUTIES
3.1 G3 New Media shall provide to the Customer the Services specified in their order (as best they can), subject to the following terms and conditions.
3.2 The Customer shall deliver to G3 New Media the Website and the software used in the Website which is owned by the Customer, or licensed to him by a third party or G3 New Media ("the Customer Software"), in a format specified by G3 New Media.
4 CHARGES ,PAYMENT AND MONEY BACK GUARANTEE
4.1 Payment methods include cash, cheque, bankers draft, Bank Transfer and credit cards (including MasterCard, Visa, American Express - via PayPal). All Payments are to be made out to G3 New Media
4.2 G3 New Media accept cheques, bank transfers, bankers draft, cash and credit cards. No other form of payment other than those outlined in 4.1 unless special conditions have been arranged prior to purchase.
4.3 G3 New Media shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 10% per annum above the base rate of the Bank of England from time to time in force.
4.4 G3 New Media do not provide credit facilities.
4.5 G3 New Media provide "Money Back Guarantees" on certain products. Should your product qualify for this guarantee please contact us within 7 days of placing your order for a full refund. No payments can be refunded after this 7 days period. It is the users responsibility to cancel any subscriptions with G3 New Media, no refund can be given after 7 days of subscription payment being made. This guarantee excludes domain names and WHMCS software licenses (charged at prices shown on our website) which may not be cancelled once ordered. We reserve the right to refuse refunds for any reason related to the purchase.
4.6 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
5 IP ADDRESSES
5.1 G3 New Media shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where G3 New Media changes or removes any IP address it shall use its reasonable endeavors to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to G3 New Media ("G3 New Media software") in order to use the Services, G3 New Media grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use G3 New Media Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Stiletto new media Software.
6.2 In relation to G3 New Media obligations under this Agreement in connection with the provision of the Services, the Customer grants to G3 New Media a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the Website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to G3 New Media any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense G3 New Media Software. Any software sales made by G3 New Media are final and no refunds will be given once an order has been placed.
6.4 G3 New Media may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, G3 New Media shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 G3 New Media shall use its reasonable endeavors to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, G3 New Media makes no warranties or representations that the Service will be uninterrupted or error-free and G3 New Media shall not, in any event, be liable for interruptions of Service or downtime of the servers for any reason.
7.2 G3 New Media carries out data backups for use by G3 New Media in the event of systems failure. G3 New Media do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly G3 New Media accepts no responsibility for data loss or corruption. G3 New Media suggest that all customers create off-site backups for their own personal use. Backups are not to be created and kept on the same server as their main hosting account. G3 New Media do not guarantee their backup facility, although backups are made on a weekly basis, we accept no responsibility for any data loss.
7.2 G3 New Media accepts no responsibility for loss of earning due to any aspect of our service or actions carried out by any member of staff, including the loss of backups, termination/suspension of accounts and/or interruptions in service.
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8 ACCEPTABLE USE POLICY
8.1 The Website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the Website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
8.1.3a publish, post, distribute or disseminate content relating to hacking or cracking, any user found to host or attempt to hack ours or any external server/network will be removed without notice;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.5a displaying LEGAL18+ adult content is allowed providing measures are taken to establish the user is 18+. We do now allow content of this nature to be distributed or downloaded from our network, it is for display purposes only;
8.1.6 make available or upload files to the Website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of guarantee network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.1.9 The use of the network for gaming (php based or otherwise) of any kind is not allowed under any circumstances. Exceptions are made with G3 New Media consent.
8.1.10 The use of the network for audio/visual streaming, radio, shoutcast or castcontrol of any kind is not allowed under any circumstances. Exceptions are made with G3 New Media consent.
8.1.11 The use of torrents or file share is not allowed under any circumstances. No Exceptions.
8.1.12 The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
8.2 ACCPETABLE USE RESPONSIBILITY & RIGHTS
8.2.1 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, guarantee is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.2.2 Reseller and Master reseller users take full responsibility for the content in their own hosting account and the accounts of their customers and sub-resellers. We reserve the right to suspended/terminate the service provided to resellers customers without notice.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 G3 New Media shall be entitled to withdraw the Services and terminate the Customer's account without notice.
8.4 We reserve the right to suspend and/or terminate a customer's account at any point without notice. The reason for this suspension and/or termination will be explained to the customer within 30 days of suspension or termination if requested.
FAIR USE POLICY
We would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
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, if such offences cause server problems we reserve the right to remove the account without notice.
Common sense is the best guide as to what is considered fair use, however the following are unacceptable uses:
8.5.1 Software downloads may only be hosted if it is smaller than 10MB and classed as "web content". You must also be the copyright owner of the software, all other software including freeware, shareware and trial software are forbidden.
8.5.2 The hosting, storage, downloading or distribution of mp3, mp4, wma, avi, mpeg or any form of music and video files are strictly forbidden on any of our servers. Exceptions to this will be made if you are the owner of the original media and have consent to distribute it, a maximum of 100MB space and 500MB bandwidth per account will be allowed for this legal content.
8.5.3 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.
8.5.4 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.
8.5.5 Typical web files such as html, css, php and asp etc.. are classed as normal usage for the network. Small format media forms (eg. pictures, graphics, PDF's) are permitted but must not exceed average file size of 10MB.
8.5.6 it is deemed as unfair usage if a user/account/domain exceeds 5% of the server space/bandwidth/CPU usage. All content and bandwidth used (including unmetered accounts) must be for web content only.
8.5.7 websites which offer downloads and upload facilities are limited to 100MB storage only, this includes all packages. content must still be without our acceptable use policy.
8.5.8 account restoration from external servers cannot exceed 300MB, accounts restored from external server exceeding this will be removed.
8.5.9 bandwidth restrictions will be put into place if we deem the usage to be excessive and effecting other server users. This includes "unmetered" users and capped users as a whole.
8.5.10 The G3 New Media network is not to be used for any form of storage or backup service. Account backups must not be stored on our network and should be stored in a secure remote location. The storage of file types which are not associated and/or classed as web content include .doc/.zip/.rar/.exe. We reserve the right to remove any data which we feel does not class as "web content". This removal can take place at anytime without prior notice.
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 reserve the right to suspend and/or terminate any account or content on our network at any time without prior notice to the customer. Reasons for this termination/suspension will be posted/emailed within 30 days of termination if requested.
Unmetered users will have their accounts strictly monitored, account content must not break these terms and conditions, risking account termination if this policy is broken.
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9 ALTERATIONS AND UPDATES
All alterations and updates to the Website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform G3 New Media and the password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to G3 New Media that G3 New Media use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to G3 New Media as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, G3 New Media shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold G3 New Media and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against G3 New Media arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit G3 new media liability for death or personal injury resulting from G3 new media negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of G3 New Media to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall G3 New Media be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or G3 New Media had been made aware of the possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.2 G3 New Media shall have the right to terminate this Agreement with immediate effect by notice by email to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customers account will be deleted.
13.6 All hosting account require a 7 day advanced notice before their payment date to be terminated. If noticed is not given, the payment will be outstanding until paid. We reserve the right to contact Paypal or an external debt recovery agency to request this payment plus costs.
13.6 All Dedicated servers require a 30 day advanced notice before their payment date to be terminated. If noticed is not given, the payment will be outstanding until paid. We reserve the right to contact Paypal or an external debt recovery agency to request this payment plus costs.
13.7 All hosting account which include a WHMCS license require 14 days advanced notice before their payment date to be terminated. If noticed is not given, the payment will be outstanding until paid. We reserve the right to contact Paypal or an external debt recovery agency to request this payment plus costs.
14 ASSIGNMENT
14.1 G3 New Media may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without G3 New Media prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
16 SEVERANCE
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
17 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 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 2 days following the date of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it G3 New Media will provide a full refund for that domain name.
21 SCRIPTING
G3 New Media are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
22 PRIVACY
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23 EMAIL NEWSLETTER
G3 New Media communicates with it's customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.