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You indicate acceptance of these terms and conditions of service
by placing an order with Forjay Media Services . These terms and
conditions will not be varied for individual customers.
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 "Forjay Media Services" means Forjay Media Services
1.1.4 "IP address" stands for internet protocol address which is
the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by
Forjay Media Services in connection with the provision of the
Services;
1.1.7 "the Services" means web hosting, domain name registration,
email and any other services or facilities provided by Forjay
Media Services.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "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";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at
www.forjay.net.
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 Forjay Media Services with data
that will be hosted on Forjay Media Services's servers and made
accessible via the Internet.
2.2 Forjay Media Services provides web hosting services and has
agreed to host the Customer's data upon the following terms and
conditions.
3 DUTIES
3.1 Forjay Media Services shall provide to the Customer the
Services specified in their order subject to the following terms
and conditions.
3.2 The Customer shall deliver to Forjay Media Services the
website and the software used in the website which is owned by the
Customer, or licensed to him by a third party or Forjay Media
Services ("the Customer Software), in a format specified by Forjay
Media Services.
4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and
Visa), debit cards (including Switch/Maestro) and direct debits
4.2 Forjay Media Services do not accept cheques, bank transfers,
postal orders, cash or any other form of payment other than those
outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be
paid by the Customer.
4.4 Forjay Media Services 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 8% per annum above the
base rate of the Bank of England from time to time in force.
4.5 Forjay Media Services do not provide credit facilities.
4.6 From time to time Forjay Media Services may make enquiries on
the Customers company, proprietor or directors of the Customers
company with credit reference agencies. These agencies may record
that a search has been made and share this information with other
businesses.
4.7 Forjay Media Services provide "Money-Back Guarantees" on
certain products. Should your product qualify for this guarantee
please raise a support ticket at www.forjay.net within 30 days of
placing your order for a full refund. This guarantee excludes
domain names which may not be cancelled once ordered. Customers
are limited to using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that
are cancelled before then end of the year.
4.9 Should your chosen payment method fail Forjay Media Services
will attempt to settle your invoice using any other payment
facilities available on your account.
4.10 All services will renew until cancelled by the customer.
Forjay Media Services emails the customers primary email address
prior to renewal of services, it is the customers responsibility
to cancel services prior to renewal as no refund can be made once
renewal has occurred. Customers must notify us at least 72 hours
before a service is renewed if they wish to cancel that service.
The cancellation process must be fully completed by you before
your account is cancelled.
5 IP ADDRESSES
5.1 Forjay Media Services 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 Forjay Media Services changes or removes any IP address
it shall use its reasonable endeavours 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 Forjay Media Services ("Forjay Media Services's software") in
order to use the Services, Forjay Media Services 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 Forjay Media Services 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 Forjay Media Services Software.
6.2 In relation to Forjay Media Services's obligations under this
Agreement in connection with the provision of the Services, the
Customer grants to Forjay Media Services 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 Forjay Media Services 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 Forjay Media
Services Software.
6.4 Forjay Media Services 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, Forjay Media Services
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 Forjay Media Services shall use its reasonable endeavours 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, Forjay Media Services
makes no warranties or representations that the Service will be
uninterrupted or error-free and Forjay Media Services shall not,
in any event, be liable for interruptions of Service or downtime
of the server.
7.2 Forjay Media Services carries out data backups for use by
Forjay Media Services in the event of systems failure. Forjay
Media Services do not provide data restoration facilities for
individual customers. Even though every effort is made to ensure
data is backed up correctly Forjay Media Services accepts no
responsibility for data loss or corruption.
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;
8.1.4 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;
8.1.6 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 Forjay Media Services's 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.
8.2 The Customer has full responsibility for the content of the
Website. For the avoidance of doubt, Forjay Media Services is not
obliged to monitor, and will have no liability for, the content of
any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy
outlined in Clause 8.1 Forjay Media Services shall be entitled to
withdraw the Services and terminate the Customer's account without
notice.
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
Forjay Media Services and the password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to Forjay Media Services
that Forjay Media Services's 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 Forjay Media Services 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, Forjay Media Services 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 Forjay Media Services
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 Forjay Media
Services 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
Forjay Media Services's liability for death or personal injury
resulting from Forjay Media Services's negligence or that of its
employees, agents or sub-contractors.
12.2 The entire liability of Forjay Media Services 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 Forjay Media Services 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 Forjay Media Services 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 Forjay Media Services shall have the right to terminate this
Agreement with immediate effect by notice in writing 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.
14 ASSIGNMENT
14.1 Forjay Media Services 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 Forjay Media Services's 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 Forjay Media Services
will provide a full refund for that domain name.
20.2 Please return to the main terms and conditions area of this
website to view terms and conditions for individual domain name
registrars.
21 SCRIPTING
Forjay Media Services 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 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data
transfer, if you exceed this amount in any one month your account
will be deactivated until you have upgraded to an account that has
more data transfer included.
23.2 Web hosting accounts are prohibited from hosting file
distribution websites (including but not limited to music, video
and software), adult content orientated websites, hosting banners,
graphics or cgi scripts for other websites, storing pages, files
or data as a repository for other websites or personal computers,
giving away web space under a domain, sub domain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers processing
power and as a result have a detrimental effect on other customers
we will discuss with you alternative solutions for your hosting
requirements.
25 AFFILIATE PROGRAMME
Commission earned via the affiliate programme will only be paid by
using a valid direct debit/credit mandate on your account. It is
the customers responsibility to ensure they have this facility. In
the event of the customer not being able to obtain this facility
then no commission will be paid.
26 EMAIL NEWSLETTER
Forjay Media Services 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.
27 WEBSPACE USAGE
Unlimited web space is available for genuine web site content,
content must be linked into web pages. Customers are prohibited
from using the server as a file/backup repository. Customers are
expected to employ good house keeping when maintaining their
account.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from
the system.
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