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Refunds will be given at the discretion of the Company Management. Placement of orders imply acceptance of our terms and conditions:
Introduction ADVANTA INTERNET LIMITED provides World Wide WEB ("WWW") -space and WWW domain name registration and maintenance services. This agreement constitutes the entire agreement ("the Agreement") between ADVANTA INTERNET LIMITED and you and supersedes any written or oral representations, statements, understandings or agreements. By using ADVANTA INTERNET LIMITED'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 ADVANTA INTERNET LIMITED 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 working 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.
For the avoidance of doubt, a user during any free-rental or free trial period provided by ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED is correct and you agree to notify ADVANTA INTERNET LIMITED of any changes in the name, address and/or payment details. You agree that ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED services in accordance with this Agreement. You agree to be responsible for the use of ADVANTA INTERNET LIMITED services and to comply with your responsibilities and obligations as stated in this Agreement.
Usage ADVANTA INTERNET LIMITED will not monitor the contents of your pages. Files that you upload to your web-pages are subject to withdrawal without notice by ADVANTA INTERNET LIMITED upon complaint about their content where ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED
ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED immediately.
Advertising on ADVANTA INTERNET LIMITED 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. ADVANTA INTERNET LIMITED 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 there of) 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 ADVANTA INTERNET LIMITED to make any disclosures to the relevant authorities or other bodies that it reasonably considers necessary or appropriate.
Termination ADVANTA INTERNET LIMITED may terminate your subscription at any time, with or without cause, upon reasonable notice. You may also do the same. Where ADVANTA INTERNET LIMITED 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.
Termination and the 30 Day Evaluation Period
ADVANTA INTERNET LIMITED sets up many Hosting accounts which begin with a free 30 day evaluation period. If you decide not to take our services after this date you must notify us in writing PRIOR TO THE END OF THE 30 DAY TRIAL PERIOD. If you do not and later cancel your account, we reserve the right to recover the original invoice value of the account from you WHETHER OR NOT you have used or intend to use our services in the future, or whether or not the Domain Name you originally ordered is still available. Please note that the difference between the cost of any Front Page account and the equivalent NT package is not covered by the 30 day guarantee. Add ons are also not covered by the 30 day evaluation period
Debt Collection Policy ADVANTA INTERNET LIMITED reserves the right to charge interest on monies owed at a rate of 2% above the base rate, plus VAT. Should ADVANTA INTERNET LIMITED be forced to call in a debt collection company to recover monies owed to us by you or your agent, ADVANTA INTERNET LIMITED reserves the right to levy a £25 surcharge in addition to any outstanding amount
ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED deem at their sole discretion that such action is necessary or prudent in order to protect ADVANTA INTERNET LIMITED. In such circumstances ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED will not be liable for any consequential loss whatsoever in relation to termination of your account in any circumstances.
After termination of your account, ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED ADVANTA INTERNET LIMITED will not distribute (excepting any disclosure to the relevant authorities as above) web-pages outside ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED may be used in such manner and for such purposes.
Payment of Charges You agree to pay all charges for your use of ADVANTA INTERNET LIMITED 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. ADVANTA INTERNET LIMITED reserves the right to change prices or institute new charges for use of ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED 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. ADVANTA INTERNET LIMITED 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 Advanta Internet Limited in writing at least 7 working 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 Advanta Internet Limited must first be settled in full before any transfer is made.
Storage & Bandwidth Your annual subscription covers the cost of file storage to a given capacity (measured in MB), unless otherwise stated, we reserve the right to charge for additional space used at our current rates in force at any time.
ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED reserves the right to make additional charges in accordance with their additional bandwidth charges then in force.
ADVANTA INTERNET LIMITED will not accept liability for failures in available bandwidth which are outside normal usage or which occur due to force majeure, matters outside ADVANTA INTERNET LIMITED control or which are not reasonably foreseeable.
Domain Names ADVANTA INTERNET LIMITED will not be responsible for domain name or other related charges. Prompt payment of these are a matter for you and ADVANTA INTERNET LIMITED will accept noliability in relation to payment or non-payment of these charges or any dispute in relation to domain names. ADVANTA INTERNET LIMITED 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 is at its sole discretion considers necessary or prudent. ADVANTA INTERNET LIMITED 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. ADVANTA INTERNET LIMITED will not accept any liability for actions taken in relation to name disputes and you indemnify ADVANTA INTERNET LIMITED for any legal or other costs, charges, damages, fines or other financial consequences in relation thereto.
Mail ADVANTA INTERNET LIMITED will under no circumstances monitor the content of any client mail routed via ADVANTA INTERNET LIMITED or systems hosted by ADVANTA INTERNET LIMITED, 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. ADVANTA INTERNET LIMITED will take all reasonable steps to ensure accurate and prompt routing of messages but will not accept any liability for not-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.
ADVANTA INTERNET LIMITED will not accept responsibility for losses or data or other information due to hardware failures and back-up of your mail facilities and web-pages (including date held on web-hosted machines) is entirely your responsibility.
Exclusion of Warranties and Limitation of Liability ADVANTA INTERNET LIMITED and all ADVANTA INTERNET LIMITED services are provided "as is," and ADVANTA INTERNET LIMITED makes no express or implied representations or warranties to you regarding the usability, condition or operation thereof. ADVANTA INTERNET LIMITED will at all times endeavour to maintain an uninterrupted and error-free service. However ADVANTA INTERNET LIMITED make no representations or warranties regarding the services provided by them and do not warrant that use of ADVANTA INTERNET LIMITED services will be uninterrupted or error-free, or that ADVANTA INTERNET LIMITED services will meet any particular criteria of performance or quality.
ADVANTA INTERNET LIMITED will at all times use endeavour to maintain and safeguard your data on its system. However ADVANTA INTERNET LIMITED accepts no responsibility for any damage to data or the loss thereof. ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED 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. ADVANTA INTERNET LIMITED are deemed liable to you for breach of this Agreement, you agree that ADVANTA INTERNET LIMITED's liability is limited to the amount actually paid by you for your subscription. You hereby release ADVANTA INTERNET LIMITED from any and all obligations, liabilities and claims in excess of this limitation.
No waiver or inaction by ADVANTA INTERNET LIMITED of any rights or remedies herein will act to prevent ADVANTA INTERNET LIMITED acting or asserting the same or similar rights at a later time in relation to use of the system.
ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED and hold ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED where other callers or third parties make claims against ADVANTA INTERNET LIMITED.
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 ADVANTA INTERNET LIMITED 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.
ADVANTA INTERNET LIMITED will notify you promptly of any claim for which ADVANTA INTERNET LIMITED seeks indemnification at the currently supplied address. ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED's interests, as determined by ADVANTA INTERNET LIMITED at its sole discretion.
Notices and Consents Notices given by ADVANTA INTERNET LIMITED to you will be given by Email or by a general posting on ADVANTA INTERNET LIMITED's home pages, or by conventional mail. Prices quoted on-line are for guidance only. In any matter requiring ADVANTA INTERNET LIMITED's prior consent, an authorised representative of ADVANTA INTERNET LIMITED must give such consent in writing. Notices given by you to ADVANTA INTERNET LIMITED may be given by email, fax or mail and will be confirmed conventional mail. Notices to ADVANTA INTERNET LIMITED may be sent by you to
ADVANTA INTERNET LIMITED's email address given below, by fax or conventional mail and must be confirmed by conventional mail. The address for communication to ADVANTA INTERNET LIMITED by conventional mail shall be: 5 Aldridge Ave, Edgware, Middlesex HA8 8TA. The telephone number shall be +44 (0)7050697552 The facsimile number shall be +44 (0)7050697553. The address for email shall be info@advantainternet.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 ADVANTA INTERNET LIMITED reserves the right to do normal system housekeeping such as creating back-ups AND does not accept any responsibility for ensuring back ups work. Your data security is your own responsibility.
If ADVANTA INTERNET LIMITED 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 ADVANTA INTERNET LIMITED as a result of your use of ADVANTA INTERNET LIMITED. You agree not to hold yourself out as a representative, agent or employee of ADVANTA INTERNET LIMITED. You agree that ADVANTA INTERNET LIMITED will not be liable by reason of any representation, act or omission to act by you.
ADVANTA INTERNET LIMITED'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 ADVANTA INTERNET LIMITED's right to comply with law enforcement requests or requirements relating to a Subscribers use of ADVANTA INTERNET LIMITED or information provided to or gathered by ADVANTA INTERNET LIMITED 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 exclusive jurisdiction and venue of the Central London County Courts or the London High Court 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 IMMEDIATELY WITHDRAWN
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