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FieldHost
Terms and Conditions
1. Definitions
1.1 Client means person, firm or company that purchases or
agrees to purchase goods or services from the company.
1.2 Company means FieldHost Limited. UK Reg No. 5372049
1.3 Goods or Services means the item supplied by the
company as specified on the order form.
1.4 Contract means a contract for the supply of goods and
services by FieldHost Limited.
2. Terms & Conditions
2.1 These terms and conditions apply to all contracts for
the sale and supply of goods and services by FieldHost Limited to the
exclusion of all other terms and conditions which the client may
purport to apply.
2.2 By completing the order form, orders by the mode of
telephone or logging into your account/ uploading files the client
will be deemed to have accepted and agreed to these terms and
conditions.
2.3 Any variation of the terms and conditions shall be
inapplicable unless agreed in writing by the company.
2.4 We the company reserve the right to amend and update
these terms and conditions at anytime without notice.
3. Supply
3.1 The company agrees to provide the service to the client
to the extent described in the client agreement from and according
to the terms and conditions of this contract. The service level
shall be deemed incorporated in to this contract.
3.2 If the client's bandwidth or processor usage reaches
the point where it has an adverse affect on other clients we the
company reserve the right to disable services until you can reduce
your usage.
3.3 Each account includes a set amount of bandwidth, if you
use more than this amount then you agree to pay for this bandwidth
at a the rate of £8 per 1Gb of usage.
3.4 The company cannot guarantee any level of service,
although any problems will be solved as soon as possible.
4. Price & Payment
4.1 Payment by the client will be on a yearly basis.
4.2 Payment is due each anniversary year following
the date the account was established. Clients will automatically
be charged again at the end of their period unless closure
notification has already been given.
4.3 Payment on a monthly basis will be by standing order
after the first initial payment made by credit card.
4.4 The company reserves the right to vary the amount
payable (monthly or yearly) from time to time, however we will
give you 30 days prior written notice of any such variation.
4.5 We do not offer any form of credit to clients.
4.6 If the client's service or account is activated before
payment is made then payment must be sent in full.
4.7 If payment is not made and received in full within 7
days from the completion of the agreement all technical support
for the site will be revoked. If payment is still not made in the
following 7-day period the client's account will be deleted from
out servers and all DNS services will stop.
4.8 Any returned cheques to clients will incur an
administration fee of £35.00.
4.9 The company has no obligation to carry out any work
until full payment in advance has been received in clear funds.
5. Termination
5.1 The initial term of this contract shall be the period
described in the above and shall commence on the date of
acceptance by the client. Thereafter the contract will continue on
a monthly or yearly basis unless terminated according to the
provisions below.
5.2 All account cancellations must be done in writing, with
at least 7 days notice. Notifications must include user name,
principal contract name with valid signature and reason for
cancellation. Third party cancellations are not accepted.
5.3 We the company reserve the right to cancel your account
at anytime without notice.
5.4 When your account is closed whether by 5.2, 5.4, 7.7 or
any sections under 9.0, all files will be deleted.
5.5 Any attempt to use the Control Panel for purposes other
than its intended use will result in your account being.
terminated.
5.6 Any improper use by the client under any sections under
9.0 will result in immediate termination of the Company's service.
5.7 If a client has ordered a service on an annual
subscription the company expect the client to commit for this
period of time. If the client wishes to cancel or breaks any of
the terms and conditions and their account is cancelled within
this service period, we the company will not make any refunds for
any unused portions of the client's account. Whilst the company
does not offer refunds the client have no obligation to continue
using our service.
6. Company's Liability
6.1 In no circumstances whatsoever will the company be
liable for economic, indirect or consequential loss arising from
delays or service interruptions.
6.2 The company will not be responsible for loss occasioned
by computer viruses, whether introduced by the Company's software
or otherwise.
6.3 To protect your privacy we will not distribute your
name or e-mail address to any third party.
6.4 We the company reserve the right to remove material
deemed inappropriate from your web pages, without prior notice.
B&P Interactive Limited do not allow Warez, Illegal MP3 websites,
porn on their servers.
6.5 We the company shall not be held liable for any loss or
damage caused by the use, misuse, unavailability or removal of
services.
6.6 Whilst the company shall expeditiously seek domain
registration, the company shall not be liable in the event of the
domain having been registered by some other person by the time the
company seeks registration in which event a full refund will be
paid to the client without any other liability on the part of the
company for loss by the client.
7. Client's Liability
7.1 It is the client's responsibility to carry out computer
virus precautions.
7.2 Data stored on our servers is backed up. It is the
responsibility of the client to keep independent backup files of
important data. We the company cannot be held responsible for any
loss incurred from the client's inability to backup any files.
7.3 Telnet shell accounts are made available for editing
and setting up your website. It is not a development platform for
issues unrelated to your website.
7.4 Clients must not leave their home directory at anytime
7.5 Clients must not attempt to gain the privileges of
another user.
7.6 Any interference with the following files will result
in your telnet access being removed -.bash_history - .bash_logout
- .bash_profile - .bashvc
7.7 Clients may have commercial use of web and ftp space.
This privilege must not be abused. If the company believes that
this or any other facilities have been abused by the client, this
will result in an immediate termination of their account.
7.8 Clients will be responsible for the content of their
page/s including obtaining the legal permission for any works they
include and ensuring that the contents of their page/s do not
violate UK or any other laws that are applicable.
7.9 The clients will be responsible for and accept
responsibility for any defamatory, confidential, secret or other
proprietary material available via their page/s
7.10 When seeking domain registration, the client will be
responsible when placing an order to ensure that the domain has
not been registered by some other person.
8. Password Security
8.1 The client will be given a login account, which is for
personal use only. Clients must not divulge their password to any
other people.
8.2 The client shall taken reasonable precautions to ensure
that it is not discovered by other people.
8.3 The company reserves the right to change the password
in the event of any suspected security breach.
9. Improper Use
9.1 The company's service may only be used for lawful
purposes by the client.
9.2 Any breach of 7.9 shall be deemed a material breach of
this contract and shall entitle the company to terminate the
contract irrelevant whether the client is aware of the content of
any material so transmitted or not.
9.3 We the company do not allow warez, illegal MP3, porn
sites or IRC Bots.
9.4 Clients may not store more data in their account than
their allotted quota.
9.5 Clients may not run server processes, such as talkers
or IRC Bots from their login account.
9.6 Clients must not participate in any form of unsolicited
bulk e-mailing or spam.
9.7 Any breach of the above provisions will result in an
immediate withdraw of service provided by the company.
© FieldHost Limited 2004
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