twelveNET Terms & Conditions

Introduction

twelveNET provides World Wide WEB ("WWW") -space and WWW domain name registration and maintenance services. This agreement constitutes the entire agreement ("the Agreement") between twelveNET and you and supersedes any written or oral representations, statements, understandings or agreements. By using any of twelveNET's services, you confirm your acceptance of and agree to be bound by this Agreement.

Agreement of our Terms & Conditions

This Agreement takes effect on the date on which you first use twelveNET or when you pay for their services, whichever is the earliest. From time to time, it will be necessary to update the terms and conditions. We will endeavour to give you, wherever possible, 7 days notice of any change and you agree to be bound by the new terms and conditions by your use of the system after the implementation date for them.

We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of the system. Should you find any new terms and conditions unacceptable, then you will be granted a refund of any unexpired part of your subscription and you agree that, save for this refund, you will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of your subscription.

You are responsible for reviewing regularly information posted online in the terms and conditions pages.

Information Provided by You

You warrant that the name, address and payment information that you provide when you join twelveNET is correct and you agree to notify twelveNET of any changes in the name, address and/or payment details.  We will not disclose your information to other parties without your prior consent (i.e.. Someone wants to know your company address, or phone number)

You warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and that you will use twelveNET services in accordance with this Agreement. You agree to be responsible for the use of twelveNET services and to comply with your responsibilities and obligations as stated in this Agreement.

Usage of our Services

twelveNET will not monitor the contents of your pages. Files that you upload to your web-pages are subject to withdrawal without notice by twelveNET upon complaint about their content where twelveNET at their sole discretion deem this necessary. You warrant the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which you place on your web-pages. You warrant that you are authorised to promote any information which you do so on your web-pages (for example if you are providing financial information, that you hold any necessary authorisation required under the Financial Services Acts etc.).

You agree to keep secure your twelveNET identification, password and other confidential information relating to your account. We cannot guarantee that unauthorised users or hackers will never infiltrate the system. Your data pages may not be secure against hackers and you take that risk. If you find evidence of infiltration, you must let us know and we will take steps both to try and prevent it and to notify the proper authorities You are personally responsible for the use of your account and the secrecy of your password. If you are a corporate user then the company is also responsible, together with the individual using the account. In addition, you are deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using your correct account ID and password.

You must also tell us immediately if someone steals your password or if you find someone else is using your ID.  We will change your password for you if this is the case.

You must also cooperate with us and the Police concerning any legal action taken arising from the misuse of your account by anyone else. You are entirely responsible for the content of your web-pages. You may not, under any circumstances, use twelveNET's services to do any of the following:

1.publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;

2.threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others;

3.engage in illegal or unlawful activities;

4.make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;

5.make available / upload files that contain a virus or corrupted data;

6.falsify the source or origin of software or other material contained in a file that you make available on your web-pages;

7.act, or fail to act, in your use of the web-pages, in a manner that is contrary to applicable law or regulation.

You are entirely responsible for any civil or criminal liability that is incurred as a result of your use of your web-pages. We undertake not to look at the content thereupon except where we have reasonable cause so to do in order to protect the continued use of the system or our reputation or we have cause to believe that our terms and conditions are being breached.

Server Security

twelveNET reserves the right of root access on the system and it is a condition of use that you do not attempt to gain root access. Should you find or suspect that there has been a breach of network access then you are required to inform twelveNET immediately. Users are not authorised to run any of these programs from their accounts:

• Hacking tools

• Password Cracking Tools

• DoS (Denial Of Service) Tools

Or any other form of tool that connects illegally to another server on the Internet or our Network.

Web site Advertising

If you advertise or offer to sell goods or services via your web-pages, you undertake to provide goods in conformity with any description and warranties made. You agree to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc. If you are advertising goods in the course of a trade or business this must clearly be so stated. twelveNET reserves unconditionally and at it's sole discretion the right to withdraw pages or other services in order to prevent damage (or the likelihood or threat thereof) to its system or reputation or otherwise for its security, safety or continued operation or upon legal advice. If such withdrawal occurs, then you will be deemed to have expressly authorised twelveNET to make any disclosures to the relevant authorities or other bodies that it reasonably considers necessary or appropriate.

Termination of Account / Services

twelveNET may terminate your subscription at any time, with or without cause, upon reasonable notice. You may also do the same. Where twelveNET terminates your subscription with cause, or you terminate your subscription, you will not be entitled to any refund of any unused part of your subscription. If any outstanding monies are due to twelveNET you will not be allowed to move your domains to another party without first clearing your debts. Failure to clear any outstanding invoices and initiation of domain moving will result in legal action against you. There are no charges to customers to move domains who do not have any outstanding fees.

Credit

twelveNET is unable to offer any form of credit with new accounts. If your account / service is activated before payment is made then payment must be received by return. Failure to pay within 7 days of your invoice will result in your account being suspended. Suspended domains will incur an additional 20ukp+VAT reactivation fee, each.

Our Debt Collection Policy

Should twelveNET be forced to call in a debt collection company to recover monies owed to us by you or your agent, twelveNET reserves the right to levy a 250UKP surcharge in addition to any outstanding amount to twelveNET.

twelveNET expressly reserves the right to terminate or suspend your subscription without prior notice should you fail to comply with these Terms and Conditions or should twelveNET deem at their sole discretion that such action is necessary or prudent in order to protect twelveNET. In such circumstances twelveNET will confirm such termination or suspension by subsequent notice. You will not be entitled to any compensation whatsoever in the circumstances of termination and twelveNET will not be liable for any consequential loss whatsoever in relation to termination of your account in any circumstances.

Use of Information

twelveNET will not distribute (excepting any disclosure to the relevant authorities as above) web-pages / content without a subscriber's consent but may include information about a subscriber in promotional material and advertising and may make such information available to third parties for promotional or advertising purposes. You agree that files that you have uploaded to twelveNET may be used in such manner and for such purposes.

Charges

You agree to pay all charges for your use of twelveNET at the prices in effect at the beginning of your subscription period or the anniversary thereof. Current charges are normally shown on web pages at http://www.twelve.net/.

twelveNET reserves the right to change prices or institute new charges for use of twelveNET services at any time. All changes will be posted online. Payment of your account balance is due at inception and subsequently on the anniversary thereof. Where payment is not made by due payment date of due payment, your account may be suspended or terminated at our discretion.

In addition, if twelveNET has not received notice in writing (not email) of your wish to terminate a particular service or collection of services prior to their due payment date then you will remain liable for any and all amounts that are outstanding on that due payment date. twelveNET reserve the right to withhold any services from you and to take any lawful means to recover the outstanding amounts.

Webstorage & Bandwidth Use

Your annual subscription covers the cost of up to 25MB  (100MB with twelveHOST, 400MB with twelvePRO accounts) of file storage. We reserve the right to charge for additional space used at our current rates in force at any time.

twelveNET reserves the right to monitor bandwidth used and bandwidth supplied upon demand and will use best endeavours to meet any reasonable demands on the system, however, twelveNET reserves the right to implement restrictions on available bandwidth in order to protect system integrity.

Your subscription covers permitted bandwidth of up to 1GB (More on twelveHOST + twelvePRO accounts) per month and if your bandwidth moves outside any or all of these criteria, then twelveNET reserves the right to make additional charges in accordance with their additional bandwidth charges then in force.

twelveNET will not accept liability for failures in available bandwidth which are outside normal usage or which occur due to force majeure, matters outside twelveNET control or which are not reasonably foreseeable.

Domain Names

twelveNET will accept no liability in relation to any dispute in relation to domain names. twelveNET reserves the right in the event of disputes concerning domain names to suspend the use of domains, to impose a homepage redirect system or other systems which at its sole discretion considers necessary or prudent. twelveNET will usually only act upon court order or legal advice in relation to domain disputes and will seek wherever possible to notify you of any action to be taken in advance. twelveNET will not accept any liability for actions taken in relation to name disputes and you indemnify twelveNET for any legal or other costs, charges, damages, fines or other financial consequences in relation thereto.

Email Facilities

twelveNET will under no circumstances monitor the content of any client mail routed via twelveNET or systems hosted by twelveNET, save under authority of law or court order. Mail is entirely your responsibility and you are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. twelveNET will take all reasonable steps to ensure accurate and prompt routing of messages but will not accept any liability for non-receipt or misrouting or any other failure of mail. You are reminded that sensitive mail should be sent with the use of suitable encryption procedures.

Backup & Services Terms

twelveNET will not accept responsibility for losses of data or other information due to hardware failures. Back-up of your mail facilities and web-pages (including data held on web-hosted machines) is entirely your responsibility.

We will endeavour to backup our systems every 24 hours and restore your files in the case of a system crash as soon as possible. Our backups can't be guaranteed though, users should always keep a copy of their data on their computers.

Exclusion of Warranties and Limitation of Liability twelveNET and all twelveNET services are provided "as is," and twelveNET makes no express or implied representations or warranties to you regarding the usability, condition or operation thereof. twelveNET will at all times endeavour to maintain an uninterrupted and error-free service. However twelveNET make no representations or warranties regarding the services provided by them and do not warrant that use of twelveNET services will be uninterrupted or error-free, or that twelveNET services will meet any particular criteria of performance or quality.

twelveNET will at all times use endeavour to maintain and safeguard your data on its system. However twelveNET accepts no responsibility for any damage to data or the loss thereof. twelveNET expressly disclaims all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

Your use of twelveNET services is at your own risk. You accept full responsibility for such use and the risk of any loss resulting from your use of the system and the content of your pages. You also accept full responsibility for safeguarding your own data. Notwithstanding contrary clauses in this Agreement, in the event that twelveNET are deemed liable to you for breach of this Agreement, you agree that twelveNET's liability is limited to the amount actually paid by you for your subscription. You hereby release twelveNET from any and all obligations, liabilities and claims in excess of this limitation.

No waiver or inaction by twelveNET of any rights or remedies herein will act to prevent twelveNET acting or asserting the same or similar rights at a later time in relation to use of the system.

twelveNET does not accept any responsibility whatsoever for anything posted on the system (except by one of our staff or authorised representative) and you agree by using the system that twelveNET will not be liable for any direct, indirect, special, consequential, exemplary or punitive damages or losses which are incurred in connection with the use of the system even if twelveNET has been advised of this possibility and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds and you agree to indemnify twelveNET and hold twelveNET harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of your actions on the system or materials or information transmitted by you in connection with the system. This means that you may be liable to pay twelveNET where other callers or third parties make claims against twelveNET.

Dedicated Servers

twelveNET provides dedicated servers on the following terms. 

(i) The user uses the server for development / resale only. The user may not use the dedicated server for anything that is deemed illegal. This includes (but is not restricted to), hacking, cracking, Denial of Service attacks, storing illegal material (including, mp3's, warez). No pornography is allowed.

(ii) twelveNET will have a login at all times (as 'twelve') this login will only be used for emergency problems (server related, locked out) or for upgrading software as part of our Security program. If this login is removed or changed in anyway the dedicated server maybe suspended.

(iii) The dedicated server belongs to twelveNET at all times and no hardware of your own maybe fitted to it. twelveNET keeps spares of all hardware in stock in case of an emergency (failed psu, hard drive, etc)

(iv) The user is bound to rent the dedicated server for as long as the contract time is specified at signing. This is usually a minimum of six (6) months. Longer or shorter amounts maybe made in exceptional circumstances.

(v) twelveNET will provide the software and install it (as per the list of software for related servers) We will install other software at the time of install if required but this software must be either free or licenced and proof of ownership sent to us.

Service Guarantee (Dedicated Servers)

twelveNET gives a service level agreement of 99.5% uptime. However, in the event of a network outage only (customer's specific server hardware failure does not apply in this situation) that is due to a cause within the twelveNET network and that is over 0.5% (in any one given week) the customer will be given an extra week free of charge. twelveNET may provide interruption to the service if given sufficient notice to the client. This will be posted on the dedicated server support site. This notice will usually be of at least 12 hours. If any emergency maintenance is to be made twelveNET will try and contact the client at the given phone / email contact. 

Termination (Dedicated Servers)

Client may terminate any Dedicated Server by giving twelveNET at least 30 days written notice prior to the recurring contract expiration date when Client desires Services to cease.  If Client gives less than 30 days notice then Client will be billed for Services until the first recurring billing date which is at least 30 days after such notice. twelveNET may terminate any Dedicated Server by giving at least 30 days prior written notice of the date of termination of Services.  All amounts due from Client for the account to which the Dedicated Server relates must be paid in order for Client to terminate a Dedicated Server.

System Misuse

If you post a defamatory / libellous message, it is you that publish it and you that will be liable for the consequences of it. You will also be liable for and by your use of the system you agree to indemnify us for our reasonable legal costs incurred in defending any defamation or libel action caused by your page content and you agree to indemnify us for any damages which are awarded against us by a court of law or which we pay as a result of settling such an action upon legal advice.

You will also be liable for and by your use of the system you agree to indemnify us for our reasonable legal costs incurred in defending any other criminal or civil action caused by your page content or use of the system and you agree to indemnify us for any fines, damages or other penalties or financial sanctions which are awarded against us or become payable by us at any time by a court of law or which we pay as a result of settling such an action upon legal advice.

For the avoidance of doubt, You agree to indemnify twelveNET from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of your web-pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.

twelveNET will notify you promptly of any claim for which twelveNET seeks indemnification at the currently supplied address. twelveNET will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to twelveNET's interests, as determined by twelveNET at its sole discretion

Notices

Notices given by twelveNET to you will be given by Email or by a general posting on twelveNET's home pages, or by conventional mail. Prices quoted on-line are for guidance only. In any matter requiring twelveNET's prior consent, an authorised representative of twelveNET must give such consent in writing. Notices given by you to twelveNET may be given by fax or mail only. Notices to twelveNET may be sent by you to twelveNET's email address given below, by fax or conventional mail and must be confirmed by conventional mail. The address for communication to twelveNET by conventional mail shall be: mywebhost Ltd, Unit 9, Millennium Business Park, Claro Road, Harrogate, North Yorkshire, HG1 4AU. The telephone number shall be 01423 701521. The facsimile number shall be 01423 701522. The address for email shall be admin@twelve.net

Assignment of Rights

Neither party will assign this Agreement or any benefits or interests arising under this Agreement without the prior written consent of the other party.

General Terms

If twelveNET suspects illegal activity, we may notify the authorities and reserve the right to do anything on the system that our lawyers advise us to do in the protection of the system.

You may not store any copyrighted software / pictures / documents in your account, or provide links to 'illegal warez, cracking or hacking' sites. The storage of mp3's is also banned on the twelveNET servers.

Users found to be 'spamming' their website in newsgroups / by email will not be tolerated. All complaints of Abuse will be emailed to abuse@twelve.net, if we have proof of you spamming your site / using our services [servers] to spam your account will be terminated accordingly.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and twelveNET as a result of your use of twelveNET. You agree not to hold yourself out as a representative, agent or employee of twelveNET. You agree that twelveNET will not be liable by reason of any representation, act or omission to act by you.

twelveNET's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of twelveNET's right to comply with law enforcement requests or requirements relating to a Subscribers use of twelveNET or information provided to or gathered by twelveNET with respect to such use.

Servability

If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).

Governing Law

This Agreement is governed by the laws of England and Wales your consent to the exclusive jurisdiction and venue of the Harrogate County Courts or the Harrogate High Court in any and all disputes arising relating to this Agreement.

[Last Updated: March 17, 2000 09:36:57]

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