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1.
Interpretation
1.1
Definitions
Unless otherwise stated, the following
definitions apply to this document:
- "we", "us", and
"our" are references to
Cypanet;
- "you", "your"
and "customer" are
references to the person paying for
services from Cypanet having entered
into this agreement;
- "services" are web
hosting, domain registration, reseller
rights, outsourced support, email and
other services or facility provided by
us to you;
- "server" is the computer
equipment operated by us in connection
to the services provided;
- "order" means a request
made by the customer to us for
services to be supplied subject to
these conditions;
- "charges" are the charges
payable by the customer for the
provision of services details of which
can be found on http://www.Cypanet.com
and may vary from time to time.
1.2
Include
The words "include" and
"including" are to be
construed without limitation.
1.3
Headings
The headings in this document are for
convenience only and shall not affect
the interpretation of these
conditions.
2.
Ordering process
2.1
Order acceptance
We have not accepted a customer
application and order until account
setup and you receive the 'welcome'
email including all details specific
to your account. Until this time, we
reserve the right to refuse, cancel or
reject any order made by the customer.
In such cases, a full refund will be
made using the same method as payment
was originally made.
3.
Misuse
3.1
Spam / Unsolicited Mass E-mail
The sending of Unsolicited Commercial
Email (SPAM) through our servers
promoting any website or through third
party servers promoting a website
hosted by us can result in the
suspension or termination of the
customers web hosting account without
refund. Mailing lists may be operated
as long as individuals choose to
subscribe to receive mailings and the
mailing list software in use is that
provided in our supplied control
panels. Any complaints received are
taken seriously and will be
investigated. We do not allow our
servers to be used for mass email
storage, email accounts that are
constantly full causing email problems
on our servers will be deleted.
3.2
Chat Rooms
Only the chat room scripts provided
for the customer in their control
panel are allowed on our server. Any
other scripts found will be disabled
and the account suspended in serious
or repeat cases.
3.3
Account Use
Under no circumstances must our
servers be used for the hosting or
communication of, reference to or
linking to any of the following:
3.3.1 nudity, pornography, anything of
a sexual, lewd, or obscene nature;
3.3.2 violations of any copyright or
any other right of any third party;
3.3.3 threatening, abusive, harassing,
defamatory statements;
3.3.4 promotion of illegal activities
(hacking, cracking, etc);
3.3.5 information or software
containing or about any kind of virus;
3.3.6 hate speech or hate propaganda;
3.3.7 the collection of personal
information for illegal purposes;
3.3.8 content deemed by us at our sole
discretion to be harmful to us;
3.4
Banned scripts
We do not allow the use of the
following scripts on our servers:
- UltimateBBS
- IkonBoard
- CGI/Perl version of YABB
- Proxy scripts
- IRC scripts
- Anonymizer
- Chat rooms not included as standard
in the cPanel
- phpShell and similar command
execution scripts
- FormMail
4.
Billing
4.1
Payment schedules
The customer agrees to supply
appropriate payment for the services
received from us in advance of the
time period during which such services
are provided.
4.2
Invoices
All invoices will be sent via email.
Customers are required to pay their
invoice in advance at the beginning of
each payment term using the available
method of your choice within 5 working
days of the invoice issue date.
4.3
Bank charges
Customers are responsible for the
provision of sufficient funds in their
account and we will not be held
responsible for any charges incurred
as a result of overdrawing of the bank
account or credit card or as a result
of failed transactions. There will be
a £25 processing fee for each cheque
returned unpaid.
4.4
Currencies
All invoices and payments are
processed in GB Pound Sterling (£)
with conversions will be made by the
credit card company of the customer.
Prices shown in any other currencies
on this website or other promotional
material is to be treated as a guide
only and may be inaccurate due to
changes in the exchange rates. All
customers are advised to check amounts
using accurate recent exchange rates
before ordering.
5.
Backups
5.1
Regularity and policy
Backups are made by us each day on an
incremental basis and each week on a
full basis, however, no guarantee's
are made of any kind as to the
integrity of these backups. Backup
measures are in place to assist in the
event of hardware failure warranting a
full system restore and no data can be
obtained from backups on a single
account basis. All customers are
strongly advised to regularly download
their own backups from their control
panel where a zipped archive is
provided daily of all account files
and databases.
6.
Resource Use
6.1
CPU & Memory
All accounts are monitored for their
use of server resources. If any
account is using a high amount of
server resources we will contact the
customer to discuss the issue with
them. In serious cases where an
account is using a considerably large
amount of system resources (memory,
CPU etc.) the account may be suspended
or script disabled without notice to
maintain the smooth running of the
server.
6.2
Data transfer and webspace allocations
Customers can request a package
upgrade or temporary resource increase
at the costs available to view on our
website at http://www.Cypanet.com. It
is the sole responsibility of the
customer to contact us in advance of
requiring extra resources to prevent
account suspension. In some cases,
accounts are automatically suspended
when their resource limits have been
reached and manual unsuspension is
required by us.
7.
Customer Responsibility
7.1
Contact Information
The customer is responsible for
keeping their contact details up to
date in their billing control panel.
We cannot be held responsible for
communication mixup's as a direct
result of the customers failure to
update their details.
7.2
Sensitive data
Customers are responsible for keeping
their usernames, passwords and other
sensitive data safe. If a breach is
suspected, the customer is required to
request a change of login details by
contacting support staff.
7.3
Intellectual property rights and other
consents
You are solely responsible for
obtaining any and all necessary
intellectual property rights
clearances and/or other consents and
authorisation's in respect of the
Services, including without
limitation, clearance and/or consents
in respect of your proposed domain
name and merchant services agreements
between you and the relevant banks in
respect of your operation of an Online
Store
8.
Contact procedure
8.1
If a breach of these terms and
conditions is found we will, at our
sole discretion, determine whether it
is a serious or minor breach. If a
serious breach of these terms is found
we reserve the right to suspend the
account(s) of the customer in question
or disable any part of the account
before contacting them. We will
however make an attempt to contact the
customer prior to suspension in the
event of a minor breach using the
email address we have on record for
your account. If no reply is received
within 3 days we will escalate the
status of the breach to a serious
breach and may suspend the account(s).
9.
Limitation of Liability & General
Terms
9.1
We are not responsible for any claimed
damages, which may result from our
servers going offline, or being
unavailable for any reason. This
includes damages which may result from
the corruption or deletion of data.
The customer agrees to indemnify and
hold us and our employees harmless
from any claims, damages, including
but not limited to consequential
damages resulting from the use of the
service which damages the customer or
any other party.
9.2
We will cooperate fully with
investigations of violation of systems
or network security at other sites and
will cooperate with law enforcement
authorities in the investigation of
possible criminal violations.
Customers who violate these terms may
incur in criminal or civil liability.
9.3
For clients with multiple
accounts we reserve the right to
suspend all accounts should the main
account owner violate these terms and
conditions in a manner deemed by us to
be extremely serious.
9.4
We will be the sole arbiter as to what
constitutes a violation of these terms
and conditions. The failure by a
customer to meet or follow any of the
above terms and conditions is grounds
for account suspension or
deactivation.
10.
Termination And Refunds
10.1. We shall be entitled to suspend
the Services and/or terminate this
Agreement forthwith without notice to
you If you:
10.1.1. fail to pay any sums due to us
as they fall due.
10.1.2. break any of these terms and
conditions.
10.1.3. are a company and you go into
liquidation or suffer the appointment
of an administrator or administrative
receiver or enter into a voluntary
arrangement with your creditors.
10.2. No refunds will be made under
any circumstances for Services
suspended in accordance with 10.1.
10.3. We reserve the right to suspend
the Services and/or terminate this
Agreement at any time. In the event of
this You will be entitled to a pro
rata refund based upon the remaining
period of prepayment.
10.4. You may cancel the Services at
any time. To do so you must request
cancellation of the Services in
writing including your account
username and password. We will cancel
the Services within 2 working days of
receipt of your request.
10.5. During the first 7 days of
Services, You are entitled to a refund
of the basic hosting plan rental fee
should You decide to cancel the
Services. No full refunds or pro rata
refunds will be made after the first 7
days of service should You decide to
cancel the Services.
10.5.1. Domain name registration fees,
charges for additional data transfer
and charges for optional extras added
to your account are not refundable
under any circumstances.
10.5.2. You will not be entitled to a
refund on this basis if you have
previously held an account with
Cypanet.
10.6. Where payment has been made by
credit or debit card, any refund will
only be issued to the same credit or
debit card.
10.7. On termination of this Agreement
or suspension of the Services we shall
be entitled immediately to stop access
to your Web Site and to remove all
data located on the Server.
We
reserve the right to suspend any
account after 7 working days have
passed without due payment being
received. Any added time for payment
will be at our sole discretion. If
your account is suspended or
terminated for any reason permitted by
the Service Agreement, you will be
charged a reconnection fee to restart
your account. The reconnection fee for
suspended accounts is £10.00. A
terminated account may be reconnected,
at our sole discretion, for a fee of
£25.00.
10.
Modification
10.1
We reserves the right to add, delete,
or modify these Terms and Conditions,
our hosting packages, prices and
website at any time with notice
provided via WWW and announcements in
our forum and/or customer control
panel(s). All customers are encouraged
to check this document at least once a
month to ensure they are aware of any
changes.
Any
questions concerning the above stated
terms and conditions should be e-mailed
to us before ordering.
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