ginternet.co.uk terms & conditions

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Disclaimer / Terms & Conditions / Privacy / Security Policy

1) Disclaimer
2) Agreement Terms & Conditions (general)
3) Agreement Terms & Conditions (web sites)
4) Agreement Terms & Conditions (hosting)
5) Agreement Terms & Conditions (domain names)
6) Security Information
7) Privacy Policy

Disclaimer:DISCLAIMER OF SERVICES :ginternet.co.uk and any of its partners, affiliates and sub companies do not take any responsibility for the performance or operation, financially or physically, of any services developed, supplied or maintained by us. We do not accept liability for any loss or legal proceedings against or encountered by a client (defined as any party to whom ginternet.co.uk provide or have provided any products and services to) as a result of their business with ginternet.co.uk. The client is solely responsible for the content of any communications made with the use of our services or with ginternet.co.uk even if provided to ginternet.co.uk in order to duplicate content in to publicly available forms of media. Customer acknowledges and agrees that ginternet.co.uk exercises no control over, and accepts no responsibility for, the content of the information passing through ginternet.co.uk's host computers, network hubs and points of presence (the "ginternet.co.uk Network") or the Internet. ginternet.co.uk endeavour to provide the best level of service possible although at times ginternet.co.uk may be unable to provide a service due to the failure of a third party provider or product without warning. This applies to all products & services provided by ginternet.co.uk. All prices are subject to change without prior notice. ginternet.co.uk shall have the right, at any time, to pass through and invoice to Customer any new or increased taxes, fees, assessments or other charges imposed on or required to be collected by ginternet.co.uk by any governmental agency. Customer shall also be responsible for paying all taxes, fees or assessments and other charges imposed on Customer by any governmental agency that may result from this Agreement, or any of the activities contemplated hereunder. ginternet.co.uk reserves the right to modify its network and facilities used to provide the Services for purposes including but not limited to accommodating evolving technology and increased network demand, and providing enhanced services. ginternet.co.uk shall use reasonable efforts to notify Customer of any planned changes to ginternet.co.uk's network or facilities that may adversely affect the Services provided hereunder. ginternet.co.uk do not provide personal computer support for individual or business customers unless a maintenance or repair agreement has been made between the client and ginternet.co.uk for an agreed price. ginternet.co.uk do not provide any support for third party ISP connectivity products and services such as dial up, broadband and modems or support e-mail services with Internet connections with ISP Providers such as AOL, CompuServe, Prodigy.

DISCLAIMER OF WARRANTY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ginternet.co.uk, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSERS NOR THE LIKE 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 ginternet.co.uk PROVIDES. NEITHER ginternet.co.uk, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSERS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY 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. ginternet.co.uk IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CLIENTELE VIA THE SERVICE(S) PROVIDED BY ginternet.co.uk.

INDEMNIFICATION
Customer will indemnify, save harmless, and defend ginternet.co.uk and all directors, officers, employees, and agents of ginternet.co.uk (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 attorneys' fees) arising out of or relating to the use of the Services by Customer, including any violation of the ginternet.co.uk Acceptable Use Policy. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

LIMITATION OF LIABILITY
IN NO EVENT SHALL ginternet.co.uk BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF ginternet.co.uk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will ginternet.co.uk's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual amount paid by Customer for the Service which gave rise to such damages for losses and causes of actions during any period prior to the date the damage or loss occurred or the cause of action arose. Where English law does not allow the exclusion or limitation of warranties or incidental or consequential damages, or the limitation of liability with respect to death or personal injury due to negligence, so that the above limitations or exclusions may not apply to Customer, in such cases,

FORCE MAJEURE
ginternet.co.uk shall 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, breakdown or damage to machinery, equipment or software, malfunctioning of software, corruption of data, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. In the event of such a Force Majeure, ginternet.co.uk shall give the other party prompt written notice within ten (10) days of the Force Majeure. If any such event continues for a continuous period of thirty (30) days, Customer may terminate this Agreement.

INTELLECTUAL PROPERTY
Customer represents and warrants that Customer's use of the Services shall not infringe the intellectual property or other proprietary rights of ginternet.co.uk or any third party. Customer further acknowledges that all right, title and interest in any and all technology, including software, scripts or websites that is part of or provided with the Services and any trademarks or service marks of ginternet.co.uk (collectively, "ginternet.co.uk Intellectual Property") is vested in ginternet.co.uk and/or in ginternet.co.uk's licensers. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the ginternet.co.uk Intellectual Property. Customer may not copy, modify or translate the ginternet.co.uk Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the ginternet.co.uk Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not authorised to distribute or to authorise others to distribute the ginternet.co.uk Intellectual Property in any manner without the prior written consent of ginternet.co.uk; provided, however, that nothing in this sentence would preclude Customer from using the ginternet.co.uk Intellectual Property as incorporated in the Services. This paragraph shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which Customer may now have or hereafter acquires in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensers. publicly provide such rights, title or interest in the third-party software to Customer.

EQUIPMENT
ginternet.co.uk is acting only as a reseller and/or provider of any bandwidth, hardware, software, circuit and equipment (collectively, the "Equipment") offered under this Agreement that was manufactured by a third party. Any malfunction or manufacturer's defects or other defects, outside the control of ginternet.co.uk, of Equipment either sold or provided by ginternet.co.uk to Customer or purchased directly by Customer used in connection with the Service(s) will not be deemed a breach of ginternet.co.uk's obligations under this Agreement. Any rights or remedies Customer may have regarding the performance or compliance of Equipment are limited to those rights extended to Customer by the manufacturer of such Equipment. Customer is entitled to use any Equipment supplied by ginternet.co.uk only in connection with Customer permitted use of the Service(s). Customer shall not resell, transfer, export or re-export any Equipment, or any technical data derived therefrom, in violation of any applicable United Kingdom, United States or foreign law.

ginternet.co.uk shall not be responsible for any changes in Service(s) outside its control that cause Customer Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Service(s). However, if practicable (without an obligation to expend funds or incur additional costs), ginternet.co.uk will assist Customer in resolving any such Equipment problems over which ginternet.co.uk may have control.

Terms & Conditions:General: (applies to all services)

ACCEPTANCE OF SERVICES
ACCEPTANCE OF THIS AGREEMENT BY ginternet.co.uk MAY BE SUBJECT, IN ginternet.co.uk's ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OR PROVISION OF ANY PRODUCT OR SERVICE SHALL INDICATE ginternet.co.uk's ACCEPTANCE OF THIS AGREEMENT BETWEEN ginternet.co.uk AND THE CUSTOMER. USE OF THE ginternet.co.uk NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER HAS FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT. CUSTOMER FURTHER REPRESENTS AND WARRANTS THAT CUSTOMER IS AT LEAST 18 YEARS OF AGE.

ginternet.co.uk shall not be liable for any loss or damage caused by it's suspension or termination of this Agreement. Any termination of this agreement by ginternet.co.uk or Customer shall not deprive either party of its rights or relieve either party of its obligations, in each case, as accrued prior to the date of termination, including, without limitation, Customer's obligation to pay for Services rendered prior to the date of termination.

MISCELLANEOUS GOVERNING LAW. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Some US laws also apply to hosting.

ENFORCEMENT OF AGREEMENT In the event it is necessary for ginternet.co.uk to enforce its rights under this agreement, Customer agrees to pay all fees incurred by ginternet.co.uk (including, but not limited to, attorney's fees and collection agency fees)

AMENDMENT OR WAIVER Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer of ginternet.co.uk. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

ASSIGNMENT AND SEVERABILITY This Agreement shall be binding upon and inure to the benefit of Customer, ginternet.co.uk and ginternet.co.uk's respective successors, and assigns. Customer may not assign this Agreement without the prior written consent of ginternet.co.uk, which consent will not be unreasonably withheld or delayed. 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.

NOTICES All notices to Customer hereunder shall be given at the Billing Address or E-Mail provided with all orders or enquiries. Any notice to ginternet.co.uk hereunder shall be in writing and shall be given by registered, certified or Express mail or reliable overnight courier addressed to the addressee in this Agreement. Notice shall be deemed to be given upon the earlier of actual receipt or five (5) working days after it has been sent, properly addressed and with postage prepaid. All notices shall be sent to:

ginternet.co.uk
12 Ash Grove,
Heston,
Middlesex,
TW5 9DR,
United Kingdom

ENTIRE AGREEMENT This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous representations, understandings or agreements.The Above addressee is the sole owner and operator of all services supplied on this web site.

Web Sites

BILLING & PAYMENTS
All services require full payment in advance before any services, goods or work can be rendered. For Custom projects, full payment or a negotiated deposit not lower than 30% of an estimated price for work undertaken by ginternet.co.uk is required before any work is undertaken. The remainder of agreed price for project is due immediately upon completion of project including additional costs incurred and agreed as per invoice. Payment is required in full for products or services that are provided by third party partners or suppliers or related services such as domain names & hosting.

Should invoices or payments due become past due for 10 days ginternet.co.uk reserve the right to suspend the account, ginternet.co.uk having sent 2 invoice reminders. In the event that an account become 10 days overdue, ginternet.co.uk reserve the right to delete the account and cannot be held responsible for any loss of information or data resulting from the deletion . Should the payment made be invalid, ginternet.co.uk may pass any charges incurred in the processing of payment on to the client themselves

Cancellations of contracts can only be made between 5 days prior to commencement of agreement when payment is due, or 7 days after payment has been made. Cancellation made after the first 7 days will be subject to 50% of full price quoted for project excluding any payments due for related services such as hosting or domain names for which additional agreements apply. If ginternet.co.uk has purchased equipment on behalf of Customer, at Customer's request or pursuant to Customer's order, including but not limited to any type of software, hardware or third party service, Customer shall assume responsibility for payments for such equipment, until paid in full.

A full refund will be issued if no related purchases have been made or are outstanding or zero (0) man hours have been allocated to the project. In order to terminate early, Customer's primary contact person on the account should notify ginternet.co.uk of such request to do so in writing. However, ginternet.co.uk shall not be liable for unauthorised termination of an account.

Suspension Or Interruption Of Service For Non-Payment: In the event Customer's account becomes past due for more than ten (10) days, or if ginternet.co.uk has a reasonably held belief that Customer may be unable to pay its debts as they become due (i.e., is financially insecure), ginternet.co.uk may, in its sole discretion, suspend, interrupt or disconnect the Services without notification. In the case of a web site, the web site will be deleted from the hosting account to which the web site was published. In the event of such suspension, interruption or disconnection, Customer may be required to post a deposit or such other security, as ginternet.co.uk reasonably deems necessary in order to resume receiving the Services. In addition, if ginternet.co.uk reasonably determines that Customer may be financially insecure, ginternet.co.uk may refuse to provide any further services.

WEBSITE SERVICES
Where the Customer is requested to provide information, whether for billing information or content for web sites, it is the customers due responsibility to provide correct information. Where correct information is not received in the first instance, ginternet.co.uk reserve the right to charge for any extra work or administration undertaken to correct the information, regardless of type of change.

TEMPLATE SITES
Template sites cannot be re-sold. Each copy must be paid for. All template sites are provided in single html file & single Photoshop PSD file. The customer is responsible for collecting the template within 48 hours after e-mail notification is received notifying that the file is available for download. After the 48 hour period, the template will no longer be available for download. It is also the responsibility of the customer to make any changes to graphics & text as they require unless ginternet.co.uk are contracted to make customisation's or to develop the site.

Hosting

BILLING & PAYMENTS
Full payment for term of contract required prior to any activation of any services. This may include the purchase of domain name or transfer fees if applicable.

Should invoices or payments due become past due for 10 days ginternet.co.uk reserve the right to suspend the account, ginternet.co.uk having sent 2 invoice reminders. In the event that an account become 10 days over due, ginternet.co.uk reserve the right to delete the account and cannot be held responsible for any loss of information or data resulting from the deletion . Should the payment made be invalid ginternet.co.uk may pass any charges incurred in the processing of payment on to the client themselves

Cancellations of contract for provision of service can only be made 5 days prior to commencement of agreement (for renewals or non paid orders only), or 7 days after commencement of agreement under the distance selling act. Cancellation made after the first 5 days will be subject to 100% of full price quoted for service excluding any payments due for related services such as domain name registration for which additional agreements apply. If ginternet.co.uk has purchased equipment on behalf of Customer, at Customer's request or pursuant to Customer's order, including but not limited to any type of software, hardware or third party service, Customer shall assume responsibility for payments for such equipment, until paid in full. Dedicated server clients are required to give 60 days notice prior to terminating the account. ginternet.co.uk reserves the right to terminate this Agreement without cause prior to the end of the term upon sixty (60) days written notice to Customer, in which event ginternet.co.uk will refund any fees for Services which Customer has paid in advance.

A full refund will be issued if no related purchases have been made and service cancelled within 5 days. In order to terminate early, Customer's primary contact person on the account should notify ginternet.co.uk of such request to do so in a timely manner. However, ginternet.co.uk shall not be liable for unauthorised termination of an account.

Suspension Or Interruption Of Service For Nonpayment: In the event Customer's account becomes past due for more than ten (10) days, or if ginternet.co.uk has a reasonably held belief that Customer may be unable to pay its debts as they become due (i.e., is financially insecure), ginternet.co.uk may, in its sole discretion, suspend, interrupt or disconnect the Services without notification. In the case of a web site, the web site will be deleted from the hosting account to which the web site was published. In the event of such suspension, interruption or disconnection, Customer may be required to post a deposit or such other security, as ginternet.co.uk reasonably deems necessary in order to resume receiving the Services. In addition, if ginternet.co.uk reasonably determines that Customer may be financially insecure, ginternet.co.uk may refuse to provide any further services.

TERM This Agreement shall be for the term specified by Customer on the Order Form or as agreed on signed Invoice, as applicable (the "Initial Term"), This Agreement will be automatically renewed, at the end of the Initial Term, on the initial term length basis unless either party provides written notice to the other of termination of this Agreement at least 5 days prior to the end of the then current term. The Initial Term and all extensions thereof are collectively referred to herein as the "Term" of this Agreement. Dedicated Server customers are required to give 60 days written notice when terminating this Agreement.

ACCEPTABLE USES OF OUR SERVICES
Customer shall at all times adhere to the ginternet.co.uk Acceptable Use Policy and may be amended from time to time by ginternet.co.uk effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, ginternet.co.uk may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by Customer of the ginternet.co.uk Acceptable Use Policy. In the event ginternet.co.uk takes corrective action due to a violation of the ginternet.co.uk Acceptable Use Policy, ginternet.co.uk shall not refund to Customer any fees paid in advance of such corrective action. This also applies to the construction of any web site or custom solution.

IP ADDRESS OWNERSHIP
ginternet.co.uk shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by ginternet.co.uk and ginternet.co.uk reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. ginternet.co.uk is required by ARIN (American Registry for Internet Numbers) to document on a whois server which entity is using the IP space. If Customer is assigned a static IP address, Customer consents to ginternet.co.uk's inclusion of Customer's name, company name if a business, postal address, e-mail address, IP address, and telephone number in the whois server.

CACHING
Customer expressly (i) grants to ginternet.co.uk a license to cache the entirety of Customer's Web Site, including content supplied by third parties, hosted by ginternet.co.uk under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer intellectual property rights or any third party's intellectual property rights.

BANDWIDTH AND/OR DISK USAGE
Customer agrees that bandwidth and/or disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer as per specification of hosting package. ginternet.co.uk shall monitor the customer's usage. If bandwidth or disk usage exceeds the agreed upon number of megabytes per month, ginternet.co.uk, in its sole discretion, may assess additional standard charges, disconnect or discontinue any and all Services, or terminate this Agreement, in each case, upon five (5) days advance written notice to Customer. Additional charges will not exceed 10p per Mb of data transfer per month. In the event that ginternet.co.uk elects to take such action, Customer shall not be entitled to a refund of any fees paid in advance of such corrective action. In cases of where specification refers to unlimited disk space, e-mail facilities or bandwidth, the definition of *unlimited is as follows: 'usage of equipment or services where use by the Customer, for whatever reason, does not impeade or create excessive load on CPU usage, hardware operation or bandwidth, where other customers web site performance is affected'.

CONFIDENTIAL INFORMATION
Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of the other party ("Confidential Information"). Except as provided in ginternet.co.uk's Acceptable Use Policy (AUP), each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement. Upon request of either party or on termination or expiration of this Agreement, each party shall return the Confidential Information of the other party then in its possession. Nothing in this Agreement shall prohibit or limit either party's use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in receiving party's possession, as evidenced by receiving party's records; (c) is disclosed to the receiving party without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by the disclosing party; or (f) is required to be disclosed by law, court order or request by any government or regulatory authority, provided that, to the extent possible, the disclosing party under this clause (f) shall give reasonable notice to the non-disclosing party prior to disclosure in order to allow such party to object to the disclosure.

Customer further agrees and acknowledges that ginternet.co.uk may disclose Customer account information in accordance with ginternet.co.uk's AUP and Privacy Policy, located at http://www.ginternet.co.uk as amended from time to time by ginternet.co.uk effective upon posting of the revised policy at the URL.

CUSTOMER DATA
Customer is solely responsible for all its content residing on ginternet.co.uk servers.

SELECTED SERVICES
By indicating choice of services, Customer agrees to the additional provisions within:

[ ] VIRTUAL PRIVATE SERVER
"Virtual Private Server" consists of the server space and software services provided to the Customer including but not limited to the HTTP service, FTP service, SMTP service, POP service, and server add-ons.
Physical Server Set-Up and Updating. ginternet.co.uk will initially configure the Virtual Private Server for use. After the Virtual Private Server is configured, the Customer will be solely responsible for all Web Server content management.
Maintenance Services. ginternet.co.uk will perform maintenance services as ginternet.co.uk determines reasonably necessary to maintain the continuous operation of the Virtual Private Server. Customer understands that such maintenance may require server downtime. ginternet.co.uk will attempt to provide prior notice of the maintenance downtime, except when circumstances beyond ginternet.co.uk's control limit ginternet.co.uk's ability to do so.
Excessive CPU Usage. Customer agrees that Customer shall not use excessive amounts of CPU processing (i.e., amounts beyond the amount ordered on the Service Order Form) on any of ginternet.co.uk's servers. Any violation of this policy may result in corrective action by ginternet.co.uk, in its sole reasonable discretion, including assessment of additional standard charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that ginternet.co.uk elects to take any corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
E-Commerce. Customer will be solely responsible for the development, operation and maintenance of Customer's Web site and products and all contents and materials appearing online or on Customer's products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the Web site or related to Customer's products, (b) ensuring that the content and materials appearing within the Web site or related to Customer's products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the Web site or related to Customer's products are not libelous or otherwise illegal. Customer will be solely responsible for the final calculation and application of any and all applicable shipping costs and sales taxes. Customer will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.
Customer is subject to applicable data protection, intellectual property, and consumer protection laws, and is responsible for the security of any customer credit card numbers and related customer information Customer may access as a result of conducting electronic commerce transactions through the Software. Customer will keep all such information confidential and will use the same degree of care and security as Customer use with Customer's confidential information.

[ ] SHARED HOSTING
Server Setup and Updating. ginternet.co.uk will initially configure the Server for use. After the Server is configured, the Customer will be solely responsible for all Web Server content management. Maintenance Services. ginternet.co.uk will perform maintenance services as ginternet.co.uk determines reasonably necessary to maintain the continuous operation of the Server. Customer understands that such maintenance may require server downtime. ginternet.co.uk will attempt to provide prior notice of the maintenance downtime, except when circumstances beyond ginternet.co.uk's control limit ginternet.co.uk's ability to do so.
Excessive CPU Usage. Customer agrees that Customer shall not use excessive amounts of CPU processing (i.e., amounts beyond the amount ordered on the Service Order Form) on any of ginternet.co.uk's servers. Any violation of this policy may result in corrective action by ginternet.co.uk, in its sole reasonable discretion, including assessment of standard additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that ginternet.co.uk elects to take any corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
E-Commerce. Customer will be solely responsible for the development, operation and maintenance of Customer's Web site and products and all contents and materials appearing online or on Customer's products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the Web site or related to Customer's products, (b) ensuring that the content and materials appearing within the Web site or related to Customer's products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the Web site or related to Customer's products are not libelous or otherwise illegal. Customer will be solely responsible for the final calculation and application of any and all applicable shipping costs and sales taxes. Customer will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.
Customer is subject to applicable data protection, intellectual property, and consumer protection laws, and is responsible for the security of any customer credit card numbers and related customer information Customer may access as a result of conducting electronic commerce transactions through the Software. Customer will keep all such information confidential and will use the same degree of care and security as Customer uses with Customer's confidential information.
THIRTY DAY GUARANTEE Customer may try out Shared Hosting risk free for thirty (30) days. If Customer is not completely satisfied, Customer may cancel the account within thirty (30) days of the submission of Customer's Service Order Form and receive a full refund of any Service charges, excluding set-up and domain name registration fees ginternet.co.uk has collected in advance and Customer shall be under no further obligations. For security, all cancellation requests must be by the primary contact person on the account who shall provide sufficient Customer identification information. However, ginternet.co.uk shall not be liable for unauthorised termination of an account. Any cancellation request shall be effective upon receipt.

DOMAIN NAME REGISTRATION

A Registrar Services. ginternet.co.uk has entered into an agreement with several accredited domain name registrars to provide Customer with domain name registration services, for any requests by Customer to ginternet.co.uk to register an Internet domain name. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. ginternet.co.uk reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

B Cancellation; Reinstatement. In the event of cancellation by the customer or a chargeback by a credit card company (or similar action by another payment provider allowed by ginternet.co.uk) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration will be cancelled, the domain made available to the public and and no refund given. Otherwise the domain name registration shall be transferred to ginternet.co.uk as the paying entity for that registration to the registry and ginternet.co.uk reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ginternet.co.uk will reinstate Customer's domain name registration solely at ginternet.co.uk's discretion, and subject to ginternet.co.uk's receipt of the initial registration or renewal fee and ginternet.co.uk's then-current reinstatement fee.

C Renewal. It is the customers responsibility to apply for a renewal at the appropriate time. Renewal fees are payable directly to us. Failure to pay these fees in the time specified by the registry will result in cancellation of the registration. Customer must ensure billing information held at the registry is accurate. Nominet (.co.uk, .org.uk, .ltd.uk) and Centralnic (.uk.com, .eu.com): . Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, Customer's registration will be cancelled

D Transfer. Customer will be responsible for all costs and fees associated with the registration of Customer's domain name including, but not limited to, all costs and fees for moving or transferring such domain name. Under no circumstances shall ginternet.co.uk be responsible for this cost.

E Use of Personal Information; Updated Information. Domain Registrar's and/or ginternet.co.uk, Fashost, : will collect certain personal information (including, without limitation, contact information such as name, address, email address and telephone number) ("Personal Information") from Customer during the registration process. Customer agrees and acknowledges that MelbIT will share Personal Information that Customer provides (or that is gathered about Customer during the registration process, including, for example, Customer's primary domain name server and the like, or that Domain Registrar's or ginternet.co.uk otherwise maintains,) with one another, with the Internet Corporation for Assigned Names and Numbers ("ICANN"), with registry administrator(s), and with other third parties as ICANN and applicable laws and/or policy may require or permit. Customer further agrees and acknowledges that MelbIT Nominet, Centralnic and/or ginternet.co.uk shall be permitted (and in some cases may be required) to make publicly available, or directly available to third party vendors, some, or all, of the Personal Information or domain name registration information Customer provides, for purposes of inspection (such as through ginternet.co.uk's WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws. Customer may access Customer's Personal Information and/or domain name registration information in MelbIT' Nominet, Centralnic or ginternet.co.uk's possession to review, modify or update such information, through a ginternet.co.uk information maintenance interface ("ginternet.co.uk Interface") that is accessible on the ginternet.co.uk Website. ginternet.co.uk will not process data about any identified or identifiable natural person that we obtain from Customer in a way incompatible with the purposes and other limitations which ginternet.co.uk describes in this Agreement or otherwise in contradiction with the Data Protection Act. MelbIT Nominet and Centralnic will take reasonable precautions to protect the information they obtain from Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction. To the extent permissible by law, Customer hereby irrevocably waives any and all claims and causes of action Customer may have arising from such disclosure or use of Customer's Personal Information and/or domain name registration information by Domain Registrar's or ginternet.co.uk.

F ICANN Guidelines. Additionally, Customer acknowledges that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that Domain Registrars may or must make available to the public or to private entities, and the manner in which such information is made available. Customer hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Customer in connection with the registration of a domain name (including any updates to such information), whether during or after the term of Customer's registration of the domain name.

G Third Party Data. In the event that, in registering the domain name, Customer is providing information about a third party, Customer hereby represents that Customer has (1) provided notice to that third party of the disclosure and use of the party's information as set forth in this Agreement, and (2) that Customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

H Accuracy of Data. Customer acknowledges that wilfully providing inaccurate information or wilfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether Customer may have violated the trademark rights of another party in registering a domain name confusingly similar to such party's trademark.) Customer further agrees that Customer's failure to respond for over fifteen (15) calendar days to inquiries by ginternet.co.uk or any domain registry concerning the accuracy of contact details associated with Customer's registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration.

I By applying for the domain name and through the use or continued use of the domain name, the applicant agrees to be bound by the terms of NSI's domain name policy (the "NSI Policy") which is available at: http://www.networksolutions.com/legal/service-agreement.html

J Domain name search process. ginternet.co.uk endeavours to make the domain name availability search process reliable; however, ginternet.co.uk does not guarantee availability of domain names or the accuracy or security of the WHOIS system. The registration process is not complete until the domain name requested by Customer has been registered in Customer's name with the appropriate registry. Because there are delays in the actual registration of a domain name with the appropriate registry, ginternet.co.uk is not responsible if domain names requested by Customer are actually registered to third parties.

K Third-Party Proprietary Rights: ginternet.co.uk makes no representations concerning and does not guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer agrees to be bound by the terms of the appropriate Domain Name Registration Agreement, Domain Name Dispute Policy, and related agreements that Customer will be asked to review and indicate Customer's acceptance of during the domain name registration process. The Domain Name Dispute Policy for .com, Net, and .org customers is posted at http://www.icann.org/udrp.

L Welcome Page. Customer consents to ginternet.co.uk's activation ("parking") of the registered domain name on a "Welcome Page" containing a notice, "Welcome to domain name." Such "Welcome Page" indicates that ginternet.co.uk registered the domain name, and links to ginternet.co.uk Websites. This "Welcome Page" may be replaced by the Customer when the Customer contracts for Web hosting and posts Customer's own content.

Security:

We have not had any cases of fraudulent activity through our online payment facility nor have any of our customers been victim of credit card fraud as a result of using our online payment facility, or by making payment by telephone or post. You may obtain more information on our merchant status by contacting www.worldpay.com who processes our credit card transactions. We do not obtain credit card numbers from online transactions which are only received by the credit card processing bank.

All credit card numbers are encrypted in the software when the order is placed using 128 bit encryption. They are only decrypted after they reach the banks computer. They are not held in clear text on any web site. Please ensure the lock icon is displayed on your browser to ensure you are protected. Alternatively, ensure the URL in the address bar starts with https://. Click the lock icon on our payment page if you cannot see the icon on your browser.

Privacy Policy:

Controllers of personal information: ginternet.co.uk are registered under the Data Protection Act 1998.

Any personal information provided or to be gathered by www.ginternet.co.uk is controlled primarily by ginternet.co.uk, London UK, Business address appears on all invoices.

What information do we collect? How do we use it?

when you order, we need to know your name, e-mail address, delivery address, credit or debit card number and the card's expiry date. This allows us to process and fulfil your orders and to notify you of the status of your order. We also ask for your telephone number which enables us to contact you urgently if there is a problem with your order. For some international deliveries this number may be given to our couriers. When you submit a customer review, we also ask for your e-mail address, although you can choose not to have your e-mail address displayed with your review. If we provide a contest or other promotional feature on your behalf, we may ask for your clients name, address and e-mail address so we can administer the contest and notify winners. We also monitor customer traffic patterns and site usage to help us develop the design and layout of your web site. We may also use the information we collect to occasionally notify you about important functionality changes to the Web site, new ginternet.co.uk services and special offers we think you'll find valuable or your customers. If you would rather not receive this information, please e-mail us.

How does ginternet.co.uk protect customer information?

When you place orders or access your account information, a secure server is used. The secure server (SSL) encrypts all information you input before it is sent to us. Furthermore, as required by the UK Data Protection Legislation, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you. However , our on-line shopping systems use the banks authorization service so we do not collect credit card information for clients who purchase a product or service from our web site.

What about "cookies"?

Cookies are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not contain any personally identifying information, but they do enable us to provide the shopping system and to store items in your Shopping Basket between visits. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Even without a cookie, you can still use most of the features in our store, including placing items in your Shopping Basket and purchasing them.

Will ginternet.co.uk disclose the information it collects to outside parties?

ginternet.co.uk does not sell, trade or rent your personal information to others. We may choose to do so in the future with trustworthy third parties, but you can tell us not to by sending us an e-mail. (If you use more than one e-mail address to shop with us, send this message from each e-mail account you use.) Also, ginternet.co.uk may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.

We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mails, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments and providing customer services. Such companies and individuals will have access to personal information needed to perform these functions, but may not use it for any other purposes and are required to process the data in accordance with the UK's Data Protection legislation.

In summary

We are committed to protecting your privacy. We use the information we collect on the site to make ordering at ginternet.co.uk possible and to enhance your overall shopping experience. We do not sell, trade or rent your personal information to others. We may choose to do so in the future with trustworthy third parties, but you can tell us not to by visiting your Communication Preferences Page. On this page you can also opt out if you never want to receive any announcements or special offers from us. Remember to change your preferences for each of the e-mail accounts you have given us.

Your consent

By using our Web site, you consent to the collection and use of this information by ginternet.co.uk. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.

Please note that the information you enter may be transferred outside the European Economic Area for the purposes of processing by ginternet.co.uk and its affiliates and in order to maintain customer accounts for you at other ginternet.co.uk web sites. Any transfer of personal information outside of the European Economic Area is done in circumstances ensuring that the information is processed only in accordance with this Privacy Policy and the UK's Data Protection Act. By submitting your order, you consent to this transfer. Your personal information may also be used by us and our affiliates to occasionally notify you about important functionality changes to our Web site, new ginternet.co.uk services and special offers we think you'll find valuable. If you would rather not receive this information, you may opt out by visiting your Communication Preferences Page

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