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| Overview Privacy Policy Terms of Service Acceptable Use Policy | |
Terms of Service |
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| User Agreement This User Agreement ("Agreement") is an agreement between Klubbed ServersLimited ("Klubbed Servers") and the party set forth in the related order form incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services (collectively, the "Services") ordered by Customer on the Order Form. Such party is referred to in this Agreement as "Customer" or "you". PLEASE READ THIS AGREEMENT CAREFULLY. BY SIGNING THE ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING MEIRHOSTING USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. Klubbed Serversreserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by MCI Internet Solutions. Activation of the Services shall indicate Klubbed Servers acceptance of this Agreement. Subject to the terms and conditions of this Agreement, Klubbed Servers will provide to Customer the Services selected by Customer set forth on the Order Form. Klubbed Servers Limited (referred hereinafter as ‘MCI Internet Solutions’, 'our', 'we' and 'us' or any of our brandnames ‘ MCIIS ' and ‘MCI Servers ') is a web hosting company All accounts on our web servers are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to the terms and conditions below. 1. Usage Policy Under this Agreement, Customer shall comply with Klubbed Serversthen current "Usage Policy", as amended, modified or updated from time to time by MCI Internet Solutions, which currently can be viewed at http://mciinternet.co.uk/index-5.html, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the Usage Policy and that the terms of the Usage Policy are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern. Klubbed Serversdoes not intend to systematically monitor the content which is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, Klubbed Serversmay immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the Usage Policy. In the event Klubbed Serverstakes corrective action due to a violation of the Usage Policy, Klubbed Serversshall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Klubbed Serversshall have no liability to Customer or any of Customer's customers due to any corrective action that Klubbed Serversmay take (including, without limitation, disconnection of Services). 2. Amendment Klubbed Serversmay amend, modify or update this Agreement or the Usage Policy at any time in its sole discretion, and Customer shall be bound by any such amendment, modification or update. Klubbed Serversmay, but is under no obligation to, provide notice of any amendment, modification or update of this Agreement or the Usage Policy. Any modification is effective on the earlier of thirty30 days after posting on Klubbed Serverswebsite or thirty30 days after the sending of a notice by Klubbed Serversto Customer by email or conventional mail. If any material modification to this Agreement or the Usage Policy is unacceptable to you, you may terminate your subscription as provided in Section 3. However, if you do not terminate the Agreement, or if you continue to use the Services following effectiveness of the modification, your continued use will mean that you have accepted that modification. Meirhosting reserves the right to amend its service offerings and add, delete, suspend or modify the terms and conditions of the Services at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers. 3. Term; Termination; Cancellation Policy The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". This Agreement may be terminated ( i ) by Klubbed Serversin the event of nonpayment by Customer, (ii) by MCI Internet Solutions, at any time, without notice, if, in Klubbed Serversjudgment, Customer is in violation of any term or condition of the Usage Policy or Customer's use of the Service disrupts or, in Klubbed Serversjudgment, could disrupt, Klubbed Serversbusiness operations and (iii) by Klubbed Serversin accordance with Sections 1, 8, and 9 of this Agreement. If Klubbed Serverscancels this Agreement prior to the end of the Term or you cancel this agreement prior to the end of the Term, Klubbed Serversshall not refund to you any fees paid in advance of such cancellation and ( i ) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. 4. Billing and Payment Payment Policy General Admin Fees General admin fee's apply at the discretion of Klubbed Serversand may be subject to change without notice. The general admin fee will be no less than £10 per item or request where applicable and where not covered by other fee descriptions. Setup Fee The setup fee is required before service is activated, if applicable. The setup fee and domain name registration fee are non-refundable. Hosting Fees The minimum contract is 1 months. All services are on a monthly basis only. There are no month-to-month prepayment programs. Full payment of the setup fee, if applicable, and, if the account is not a domain transfer, the domain name registration fee, are required before any hosting service is rendered. Unless the account was ordered during a promotion, the initial 1 month is billed 30 days after signup. The credit card on file will be automatically processed for payment. No bills or invoices shall be expected to be sent to clients. Payment Method - Credit Card Klubbed Serversaccepts credit card payments (Visa, MasterCard, American Express, Discover) through secure payment processing services such as Paypal . Other methods may be used at Klubbed Serversdiscretion. Online credit card payment is authorized and assessed in real time. Once an order is successfully submitted, the client is subject to Klubbed Serversrefund policy. Credit card will be billed on the first day of the billing cycle. If the credit card fails, we will retry every 3 days. If the transaction processing fails a 2nd time, the account will be suspended. If it fails a 3rd time, you will lose any special offers or discounts and the account may be cancelled. Renewal may only be accepted as a new order at current prices. If payment is not received on time, then the account is cancelled. Policy Changes Klubbed Serversreserves the right to change prices or fee's at any time. All monetary transactions will occur in either in £ UK pound sterling or $US dollars. Additional Features Additional features such as disk space and email can be added at any time and will be billed either monthly or annually. Monthly additional feature prices are not prorated. Add on costs are non-refundable regardless of whether the service was used. Credit Card: Charges are assessed in real time for the current month and every upcoming month until the end of their billing cycle. Renewal and Billing Schedule Klubbed Serversautomatically renews your account based on your previous payment option unless affected by any item in section (4). 5. MCIIS as Reseller or Licensor Klubbed Serversis acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non- Klubbed ServersProduct or Brand"). Klubbed Serversshall not be responsible for any changes in the Services that cause the Non- Klubbed ServersProduct to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non- Klubbed Servers Product either sold, licensed or provided by Klubbed Serversto Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of Klubbed Serversobligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non- Klubbed ServersProduct are limited to those rights extended to Customer by the manufacturer of such Non- Klubbed ServersProduct. Customer is entitled to use any Non- Klubbed ServersProduct supplied by Klubbed Serversonly in connection with Customer's permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by Klubbed Serversto Customer through any Non- Klubbed ServersProduct and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non- Klubbed ServersProduct, or any technical data derived therefrom , in violation of any applicable United Kingdom, United States or foreign law. 6. IP Address Ownership If Klubbed Serversassigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to MCI Internet Solutions, and Customer shall have no right to use that Internet Protocol address except as permitted by Klubbed Serversin its sole discretion in connection with the Services, during the term of this Agreement. Klubbed Serversshall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by MCI Internet Solutions, and Klubbed Serversreserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. 7. Caching Customer expressly ( i ) grants to Klubbed Serversa license to cache the entirety of the Customer Content and Customer's website, including content supplied by third parties, hosted by Klubbed Serversunder this Agreement; and (ii) agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights. 8. CPU Usage Customer agrees that Customer shall not use excessive amounts of CPU processing on any of Klubbed Serversservers. Any violation of this policy may result in corrective action by MCI Internet Solutions, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Klubbed Serverssole and absolute discretion. If Klubbed Serverstakes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. 9. Bandwidth and Disk Usage Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Klubbed Serverswill monitor Customer's bandwidth and disk usage. Klubbed Serversshall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Klubbed Serverssole and absolute discretion. If Klubbed Serverstakes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. 10. Property Rights Klubbed Serversowns all right, title and interest in and to the Services and Klubbed Serverstrade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Nothing in this Agreement constitutes a license to Customer to use or resell the Marks. 11. Customer Website; ECommerce; Customer Warranties Customer shall be solely responsible for the development, operation and maintenance of Customer's website, online store and ecommerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation ( i ) the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, (ii) ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its website and online store. Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its website or online store. Customer is responsible for keeping a copy of their most current web site files as backup on a remote system (not on Klubbed Serversservers). Klubbed Serversis not responsible for any lost files, information, or data. Klubbed Serversdoes not provide any file retrieval services. Customer understands that system updates occur in real-time and as queued batch processes. For example, account passwords are currently updated as queued batch processes, therefore the update does not occur in the system instantaneously. Klubbed Serversreserves the right to modify the processing times at any time without notice. If a client or Klubbed Serverssupport personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occurred in our system. Customer represents and warrants to Klubbed Serversthat Customer owns or has the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, ( i ) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Customer grants Klubbed Serversthe right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services. 12. Disclaimer of Warranty Customer agrees to use all Services and any information obtained through or from MCI Internet Solutions, at Customer's own risk. Customer acknowledges and agrees that Klubbed Serversexercises no control over, and accepts no responsibility for, the content of the information passing through Klubbed Servershost computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF MCI Internet Solutions, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A " Klubbed ServersPERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT Klubbed ServersPROVIDES. NO Klubbed ServersPERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Klubbed ServersIS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY MCI Internet Solutions. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Klubbed ServersPERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement. 13. Indemnification Customer agrees to indemnify, defend and hold harmless Klubbed Serversand its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to ( i ) Customer's use of the Services, (ii) any violation by Customer of the Usage Policy, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement. 14. Limitation of Liability Customer agrees that no Klubbed ServersPerson, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Klubbed Serversat the time) which may exist in the Services or Klubbed Serversequipment used to provide the Services. Under no circumstances, including negligence, shall any Klubbed ServersPerson be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Klubbed Servershas been advised of the possibility of such damages. No Klubbed ServersPerson shall be liable to Customer, any of its customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Klubbed Serversrecords, programs, equipment or services. Notwithstanding anything to the contrary in this Agreement, Klubbed Serversmaximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. Customer understands, acknowledges and agrees that if Klubbed Serverstakes any corrective action under this Agreement because of an action of Customer or one if its customers or a Reseller Customer, that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that Klubbed Serversshall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by MCI Internet Solutions. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement. 15. Force Majeure Klubbed Serversshall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services. 16. Governing Law; Jurisdiction; Arbitration This Agreement shall be governed in all respects by UK law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in the UK . Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, shall be subject to arbitration in accordance with existing Commercial Arbitration Rules. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Stoke on Trent, UK , or any other place selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitrations set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The parties hereby waive all in personam jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this section shall survive any termination of this Agreement. 17. Assignment Customer shall not have the right to assign this Agreement without the prior written consent of MCI Internet Solutions. This Agreement shall be binding upon and inure to the benefit of Customer and Klubbed Serversand their successors and permitted assigns. 18. Entire Agreement; Severability This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organisation and the person acting on behalf of Customer is duly authorised to accept, execute and deliver this Agreement on behalf of Customer. 19. Conditions of Free Hosting Free Hosting means' free of charge' for the provision of the "UK Charity Package" subscription only, to Charities and Non-profit Organisations Registered in the United Kingdom , Subject to Availability and following successful verification. Charity to Business ratio( guidelines for allocation, and for the purpose of the provision of adequate funding) will be 3:1. This ratio is approximate and may be changed without notice. Additional services, upgrades and requests will be charged in accordance with the Meirhosting.Net published prices or prices agreed with the customer. 20. Conditions of Domain name sales All .co.uk, .org.uk and .me.uk registrants must agree to Nominet UK 's terms and conditions located at http://www.nominet.org.uk/nominet-terms.html All other domains extensions are covered by the relevant authority for your chosen domain extension. Klubbed Serversor MCIIS will register domains on behalf of the client with a reputable domain registrar of its choice. Prior payment is necessary before domain registration at the agreed price between Klubbed Serversand the client. Service charges or general admin fee's may apply in respect of domain detail alterations requested by the client or their agent. Once domain names have been registered they cannot be cancelled, so we are unable to refund the costs of your domain registration after you have placed your order. Instead, you will retain full ownership of your chosen domain and you will be free to use it with other web hosts in the future subject to invoice account settlement. 21. Phone Support - Phone support is online 24/7 unless notified otherwise is announcements section. calls are charged at local rate. Phone support is only for clients, If your not a client of MCI Internet Solutions your call may not be answered. Usage Policy This is Klubbed ServersUsage Policy, which supplements the service agreement of each user of Klubbed Serversservices (each, a "Subscriber"). Every Subscriber is subject to this Usage Policy, and by virtue of using Klubbed Serversservices, network and/or systems (collectively the "Services") agrees to be bound by this Usage Policy. Klubbed Serverswill revise this Usage Policy from time to time. A Subscriber's use of the Services after revisions to the Usage Policy are posted on Klubbed Serverswebsite at http://www.mcisolutions.co.uk will constitute such person's acceptance of any changes or additions to the Usage Policy. Subscribers violate this Usage Policy when they (or their affiliates or customers) engage in the following prohibited activities. The following cannot be held on our servers Pirated software Hacker programs Warez Pornography or nudity of any kind, until verified by MCI Internet Solutions. Copyrighted materials ROMs Emulators any links/affiliations to the above Violations of Intellectual Property Rights Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Klubbed Serversis required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below). Spamming Klubbed Servershas zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the Internet community from the negative effects of "spam" related activity. Klubbed Serversdefines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender. Our Policies 1. Klubbed Serverscustomers, or any user of bandwidth and/or services on our network (herein described as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Klubbed Serversmay consider the lack of such proof of explicit affirmative permission of a questionable UBE/UCE at its sole discretion. 2. Klubbed Serverscustomers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for it's (the open mail relay) operation. Multiple infractions of this policy will result in a discontinuation of service. 3. Klubbed Serverscustomers will be notified in the event that their sites are in violation of the above policy. Again, failure to rectify such situations may be cause for termination of service. 4. Klubbed Serverscustomers are prohibited from providing hosting services for websites that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services. 5. Valid complaints received by Klubbed Serverswill be forwarded to the customer for a response and resolution. If within twenty-four (24) hours there is no response, Klubbed Serversmay block traffic to and from the IP address involved in the UBE/UCE complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. All users are responsible for maintaining a working email contact and updating that information with Klubbed Serverswhen it changes. 6. If Klubbed Serversreceives repeat complaints indicating that a problem has not been resolved, Klubbed Serversreserves the right to suspend and/or cancel any and all services provided to the user after a notification of no less than two (2) hours. To report an incidence of abuse, please email abuse@mcisolutions.co.uk Misrepresentation of Transmission Information Forging, misrepresenting, omitting or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited. Viruses and Other Destructive Activities Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mailbombing , or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet. Hacking "Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans and other activities designed to assist in hacking. Export Control Violations The exportation of encryption software outside of the United Kingdom or United States and/or violations of United Kingdom or United States law relating to the exportation of software is prohibited. Child Pornography The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Klubbed Serversis required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services. Other Illegal Activities The use of the Services to engage in any activities that are determined by MCI Internet Solutions, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. Klubbed Serverswill cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services. Obscene, Defamatory, Abusive or Threatening Language Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited. Other Activities Engaging in any activity that, in Klubbed Serverssole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with or be harmful to) the Services, Klubbed Serversbusiness, operations, reputation, goodwill, customers and/or customer relations, or the ability of Klubbed Serverscustomers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Subscriber to cooperate with Klubbed Serversin correcting or preventing violations of this Usage Policy by, or that result from the activity of, a customer of the Subscriber is a violation of this Usage Policy. In general, Klubbed Serversdoes not monitor its customers' websites or activities to determine whether they are in compliance with this Usage Policy. However, when Klubbed Serversbecomes aware of any violation of this Usage Policy or its User Agreement, Klubbed Serversmay take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, Klubbed Serversmay take action against a Subscriber or a customer of such Subscriber because of the activities of such customer. Klubbed Serversreserves the right to take any such action even though such action may affect other customers of the Subscriber. Klubbed Serversmay disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect Klubbed Serversor others from harm, and/or to ensure the proper operation of the Services. Klubbed Servershas no obligation to notify any person, including the Subscriber about whom information is sought, that Klubbed Servershas provided the information. Copyright Notice Infringement Information In accordance with the Digital Millennium Copyright Act, Klubbed Servershas adopted a policy that provides for termination of websites hosted by Klubbed Serversthat are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Klubbed Serversor its subsidiaries, and the copyright holder wants Klubbed Serversto remove the website or disable the material in question, Klubbed Serverswill remove the website or disable the material if the copyright holder provides us with all of the following information: 1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works. 2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. 3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted. 4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Refund Policy Klubbed Serversprovides a 30 Days Money Back Guarantee on web orders for all of its hosting plans. If you are dissatisfied with your service for any reason, you will receive a full refund (minus overage charges) if you cancel your account within 30 days of activation. Our refund policy does not apply to any additional items or services; this includes but is not limited to Dedicated IP's, Domain Registration services, Dedicated Servers, Software and One-time Setup Fees. It also doesn't apply to any promotional product that we offer. Any request for cancellation must be received via the web, regular mail or fax and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone, instant messaging and informal email are not accepted. Accounts cancelled/terminated by Klubbed Serversfor violating our Usage Policy do not qualify for our 30 day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund. | ||
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