|
Hosting
Introduction
Scarlet Internet Limited ("SCARLET") provides
Web Site Design, Web Site Development, Web Site
Maintenance, World Wide Web ("WWW") space and
WWW domain name registration and maintenance services.
Some services are provided through Entanet International
Limited ("ENTANET") and others through Simply.com
Limited ("SIMPLY"), affiliate companies of Scarlet,
and throughout this agreement reference to SCARLET
may include, or be replaced by, ENTANET or SIMPLY.
This agreement constitutes the entire agreement
("the Agreement") between SCARLET and you and
supersedes any written or oral representations,
statements, understandings or agreements. By using
SCARLET's services, you confirm your acceptance
of and agree to be bound by this Agreement.
Agreement To Terms And Conditions
This Agreement takes effect on the date on which
you first use or test Scarlet 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.
For the avoidance of doubt, a user during any
free-rental or free trial period provided by Scarlet
shall be governed by this Agreement as if a full
user.
Information Provided By You
You warrant that the name, address and payment
information that you provide when you join SCARLET
is correct and you agree to notify SCARLET of
any changes in the name, address and/or payment
details. You agree that SCARLET may disclose your
name and address where there is any complaint
about the content of your pages or in relation
to goods or services advertised there. 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 us SCARLET
services in accordance with this Agreement. You
agree to be responsible for the use of SCARLET
services and to comply with your responsibilities
and obligations as stated in this Agreement.
Usage
SCARLET will not monitor the contents of your
pages. Files that you upload to your web-pages
are subject to withdrawal without notice by SCARLET
upon complaint about their content where SCARLET
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 SCARLET 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 co-operate 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 SCARLET pages 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.
Root Access and Security on SCARLET
SCARLET 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 SCARLET
immediately.
Advertising on SCARLET
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. SCARLET reserves unconditionally
and at its 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 SCARLET to make any
disclosures to the relevant authorities or other
bodies that it reasonably considers necessary
or appropriate.
Termination
SCARLET may terminate your subscription at any
time, with or without cause, upon reasonable notice.
You may also do the same. Where SCARLET 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.
Debt Collection Policy
Should SCARLET be forced to call in a debt collection
company to recover monies owed to us by you or
your agent, SCARLET reserves the right to levy
a £100 surcharge in addition to any outstanding
amount. SCARLET 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 SCARLET deem at
their sole discretion that such action is necessary
or prudent in order to protect SCARLET. In such
circumstances SCARLET will confirm such termination
or suspension by subsequent notice. Save for any
refund of unused parts of the subscription as
above, you will not be entitled to any compensation
whatsoever in the circumstances of termination
and SCARLET will not be liable for any consequential
loss whatsoever in relation to termination of
your account in any circumstances.
After termination of your account, SCARLET may
if they deem it applicable at their sole discretion
post a redirection to any new URL should you desire
this.
Use Of Information by SCARLET
SCARLET will not distribute (excepting any disclosure
to the relevant authorities as above) web pages
outside SCARLET 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 SCARLET may
be used in such manner and for such purposes.
Payment of Charges
You agree to pay all charges for your use of SCARLET
services at the prices in effect at the beginning
of your subscription period or in respect of renewal
subscriptions, the prices in effect on the anniversary
thereof. Current charges are normally shown on
web pages at http://www.scarletinternet.com/prices.htm.
SCARLET reserves the right to change prices or
institute new charges for use of SCARLET 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 the due payment date, your
account may be suspended or terminated at our
discretion.
In addition if SCARLET 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. SCARLET
reserve the right to withhold any services from
you and to take any lawful means to recover the
outstanding amounts. Any renewal subscription
not required must be cancelled by notification
received by Scarlet in writing at least 30 days
before the subscription renewal date. If you should
wish to transfer a domain name or names elsewhere,
any and all outstanding charges due to Scarlet
must first be settled in full before any transfer
is made.
Storage & Bandwidth
Your annual subscription covers the cost of up
to either 1MB or 10MB of file storage depending
on your hosting plan and we reserve the right
to charge for additional space used at our current
rates in force at any time. SCARLET 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 SCARLET reserves the right to implement
restrictions on available bandwidth in order to
protect system integrity. Bandwidth will be supplied
subject to connectivity from British Telecom or
such other connectivity supplier as deemed appropriate
by SCARLET at their sole discretion. Your subscription
covers permitted bandwidth of up to 3GB per quarter
or 1GB per month or 34MB per day and if your bandwidth
moves outside any or all of these criteria, then
SCARLET reserves the right to make additional
charges in accordance with their additional bandwidth
charges then in force. SCARLET will not accept
liability for failures in available bandwidth
which are outside normal usage or which occur
due to force majeure, matters outside SCARLET
control or which are not reasonably foreseeable.
Mail & Back Up Policy
SCARLET will under no circumstances monitor the
content of any client mail routed via SCARLET
or systems hosted by SCARLET, save under authority
of law or court order or at your own request.
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. SCARLET will take all reasonable steps
to ensure accurate and prompt routing of messages
but will not accept any liability for not-receipt
or mis-routing or any other failure of mail. You
are reminded that sensitive mail should be sent
with the use of suitable encryption procedures.
SCARLET will not accept responsibility for losses
of data or other information due to hardware failures
and back-up of your mail facilities and web-pages
is entirely your responsibility.
Exclusion of Warranties and Limitation of
Liability
SCARLET and all SCARLET services are provided
"as is," and SCARLET makes no express or implied
representations or warranties to you regarding
the usability, condition or operation thereof.
SCARLET will at all times endeavour to maintain
an uninterrupted and error-free service. However
SCARLET make no representations or warranties
regarding the services provided by them and do
not warrant that use of SCARLET services will
be uninterrupted or error-free, or that SCARLET
services will meet any particular criteria of
performance or quality.
SCARLET will at all times use endeavour to maintain
and safeguard your data on its system. However
SCARLET accepts no responsibility for any damage
to data or the loss thereof. SCARLET 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 SCARLET 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 SCARLET are deemed
liable to you for breach of this Agreement, you
agree that SCARLET's liability is limited to the
amount actually paid by you for your subscription.
You hereby release SCARLET from any and all obligations,
liabilities and claims in excess of this limitation.
No waiver or inaction by SCARLET of any rights
or remedies herein will act to prevent SCARLET
acting or asserting the same or similar rights
at a later time in relation to use of the system.
SCARLET 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 SCARLET 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 SCARLET 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
SCARLET and hold SCARLET 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 SCARLET where other
callers or third parties make claims against SCARLET.
Indemnity for 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 SCARLET 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.
SCARLET will notify you promptly of any claim
for which SCARLET seeks indemnification at the
currently supplied address. SCARLET 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 SCARLET's interests, as determined by SCARLET
at its sole discretion.
Notices and Consents
Notices given by SCARLET to you will be given
by Email or by a general posting on SCARLET's
home pages, or by conventional mail. Prices quoted
on-line are for guidance only. In any matter requiring
SCARLET's prior consent, an authorised representative
of SCARLET must give such consent in writing.
Notices given by you to SCARLET may be given by
email, fax or mail and will be confirmed conventional
mail. Notices to SCARLET may be sent by you to
SCARLET's email address given below, by fax or
conventional mail and must be confirmed by conventional
mail. The address for communication to SCARLET
by conventional mail shall be: 6 Bridge Street,
Bishops Stortford, Herts, CM23 2JY. The telephone
number shall be 01279 653045. The facsimile number
shall be 01279 461104. The address for email shall
be admin@scarletinternet.com
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
SCARLET reserves the right to do normal system
housekeeping such as creating back-ups AND does
not accept any responsibility for ensuring back
ups works. Your data security is your own responsibility.
If SCARLET 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 acknowledge
that no joint venture, partnership, employment,
or agency relationship exists between you and
SCARLET as a result of your use of SCARLET. You
agree not to hold yourself out as a representative,
agent or employee of SCARLET. You agree that SCARLET
will not be liable by reason of any representation,
act or omission to act by you.
SCARLET'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 SCARLET's right to comply
with law enforcement requests or requirements
relating to a Subscribers use of SCARLET or information
provided to or gathered by SCARLET with respect
to such use.
Severability
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. You consent to the jurisdiction and
venue of the Central London County Courts or the
London High Court, or any other court that SCARLET
may choose, in any and all disputes arising relating
to this Agreement.
WARNING PLEASE NOTE THAT IF YOU
BREACH THESE TERMS AND CONDITIONS, YOUR WEB PAGES
MAYBE WITHDRAWN IMMEDIATELY.
All rights reserved © 2001-03
^Back to top
|
