This document is in two parts. The first part is our Acceptable Use Policy and the second is our Terms and Conditions.
All users of our services must accept and comply with both parts.
The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with
respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
Our Acceptable Use Policy is actively and strictly enforced. Offending content or users are removed from our network,
usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.
Illegality
In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other
data, harassment, fraud, trafficking in obscene material.
Undesirable Content
Certain types of content are not allowed on our network. We do not host adult content of any description. Content
relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the
writer and copyright owner of the software, all other software including freeware, shareware and trial software is
forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.
Bulk Email
The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on
our network is strictly forbidden.
Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time, bandwidth, memory or storage space.
Shell, Chat, IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media
can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file
databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message
forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
If you are unsure about content you intend to place on our network, please check with us before you do. We reserve
the right to determine what constitutes acceptable use.
Where the context admits: "We" or "Us" includes Me 2 U Limited or any party acting on Me 2 U Limited's implicit instructions.
"You" includes the person purchasing the services or any party acting on
the customer's instructions. "The Registrant" includes the person applying
for a domain name or any party acting on the Registrant's instructions.
"The Registry" the relevant domain names Registry. "Server" means any computer
server equipment operated by us or any of our service providers in connection with the provision of the
Services. "Network" means any network operated by us or any of our service providers in connection with the provision of the
Services. "Web Site" means the area on the Server allocated by us or any of service providers to you
for use by you as a site on the Internet. In consideration of the mutual
covenants herein, the parties agree to the following, which shall apply
during the term of this agreement:
1. Domain Name Registration
1.1 We make no representation that any domain name you wish to register
is capable of being registered by or for you. Likewise we are unable to
guarantee that any domain showing as available at the time of placing
your order will still be available for registration at the time the
registration request is processed. You should therefore not assume
registration of your requested domain name(s) until you have been
notified that it has or they have been registered. Any action taken by
you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms
and conditions of use applied by the relevant naming authority; you shall
ensure that you are aware of those Terms and Conditions and that you comply
with them. You shall have no right to bring any claim against us in respect
of refusal to register a domain name. Any registration fees paid by
you to us shall be non-refundable notwithstanding refusal by the naming
authority to register your desired name.
Note: .co.uk, .me.uk and .org.uk domains are registered with Nominet, the UK Internet names
organisation, and will be registered on your behalf on the understanding that you have read and accept their
Terms and Conditions.
1.3 We shall have no liability in respect of the use by you of any domain
name; any dispute between you and any other person must be resolved between
the parties concerned in such dispute. If any such dispute arises, we
shall be entitled, at our discretion and without giving any reason, to
withhold, suspend or cancel the domain name. We shall also be entitled
to make representations to the relevant naming authority but will not
be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless full payment
for that domain has been received by us.
1.5 It is your responsibility to ensure you renew your domain on time. We will not be held responsible if your domain
registration is either suspended or cancelled by the registry due to non-renewal. We shall contact you by email
approximately 4 weeks prior to your domain expiring and becoming due for renewal with instructions on how to renew
your domain. Emails will be sent to the last email address we have on file (usually the one from your last order) so
please ensure you notify us of any changes.
2. Web Site Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any
person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2. It is your responsibility to ensure that you maintain local backup copies of your Web Site content, databases
and emails. We do not provide user backup / restore services. It is recommended that you set your mail client to
regularly check and download to your local system the latest emails for your domain(s).
2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful
purposes. In particular, you represent, warrant and undertake to us that.
2.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights
of any third party, nor will you authorise or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
- any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or otherwise objectionable
in any way.
- any material containing a virus or other hostile computer program.
- any material which constitutes, or encourages the commission of, a
criminal offence or which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of
any person which may subsist under the laws of any jurisdiction.
2.3.3 you will not send bulk email whether opt-in or otherwise from our
network. Nor will you promote a site hosted on our network using bulk
email.
2.3.4 you will not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory.
Where enabled on your web hosting account, cron jobs should be scheduled to cause as little disruption to other
users as possible. Any abuse of this facility will result in the facility being withdrawn.
2.3.5 any file you store on the Server will be reachable via a hyperlink
from a page on your site.
2.4 You will not offer use of the services, or any part thereof, provided to you under this agreement either by sale
or otherwise to any other party. Services provided under this agreement are for use exclusively by you to host and
serve web content and email services for the associated domain(s) for which services are being provided. The hosting
and serving of content or email services for any other domain(s), individuals or companies is strictly forbidden.
2.5 We reserve the right to remove any material which we deem inappropriate
from your Web Site without notice. We do not host Warez, Adult or illegal MP3 content.
2.6 You shall keep secure any identification,
password and other confidential information relating to your account and
shall notify us immediately of any known or suspected unauthorised use
of your account or breach of security, including loss, theft or unauthorised
disclosure of your password or other security information.
2.7 You shall observe the procedures which we may from time to time prescribe
and shall make no use of the Server which is detrimental to our other
customers.
2.8 You shall procure that all email is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
2.9 In the case of an individual User, you warrant that you are at least
18 years of age and if the User is a company, you warrant that the Services
will not be used by anyone under the age of 18 years.
2.10 While we will use every reasonable endeavour to ensure the integrity
and security of the Server, we do not guarantee that the Server will be
free from unauthorised users or hackers and we shall be under no liability
for non-receipt or misrouting of email or for any other failure of email.
3. Resellers
3.1 Under no circumstances are you permitted to resell our services
4. Service Availability
4.1 We shall use our reasonable endeavours to make available to you at
all times the Server and the Services but we shall not, in any event,
be liable for interruptions of Service or down-time of the Server.
4.2 We shall have the right to suspend the Services or any part, process or specific script, at any time and for
any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
4.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you until the appropriate
change of ownership fee has been paid. Each international domain change of ownership or IPS tag change for .uk domains required will incur a £10
(excluding VAT) administration fee. Ownership details for .uk domains can only be changed directly with Nominet, the UK Registry. Any services already associated
with the domain(s) will automatically be transferred to the new owner. 4.4 If your account is found to have been transferred to another party, or shows
other activity in breach of our Terms and Conditions, we shall have the right to cancel the account and terminate the Services and/or this Agreement
immediately.
4.5 No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one
login session per system account at any time; user programs may be run only during log-in sessions.
4.6 We reserve the right to alter or withdraw features of our services
at any time. You will always be notified in advance of any changes being made.
4.7 We reserve the right to limit any unlimited feature of the services provided
if we consider that excessive use has occurred.
5. Payment
5.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published
from time to time by us on our web site and shall, with the exception of any excess monthly data transfer charges, be
due and payable in advance of our service provision. Excess monthly data transfer charges must be paid within 2 days
of notification. We reserve the right to change pricing at any time.
5.2 Payment is due at the end of each pre-payment period until closure notice is given. We shall contact you by email
approximately 4 weeks prior to the expiry of the service to be renewed with instructions on how to renew it. Emails
will be sent to the last email address we have on file (usually the one from your last order) so please ensure you
notify us of any changes.
5.3 All fees will be charged in UK Pounds Sterling and must be paid online using a debit or credit card. We are
unable to accept payment by any other method.
5.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or
before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
6. Termination
6.1 If you fail to pay any sums due to us as they fall due, we may suspend
the Services and/or terminate this Agreement forthwith without notice
to you.
6.2 If you break any of these Terms and Conditions and/or do not adhere to our Acceptable Use Policy
we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.3 If you are a company and you go into insolvent liquidation or suffer
the appointment of an administrator or administrative receiver or enter
into a voluntary arrangement with your creditors, we shall be entitled
to suspend the Services and/or terminate this Agreement forthwith without
notice to you.
6.4 No refunds will be made for Services suspended in accordance with
6.1, 6.2 or 6.3.
6.5 We reserve the right to suspend the Services and/or terminate this
Agreement at any time. Except where services have been suspend in accordance with 6.1, 6.2 or 6.3,
you will be entitled pro rata
refund based upon the remaining period of membership.
6.6 During the first 7 days of Services, You are entitled to a complete
refund of all web hosting fees paid with the exclusion of domain name registration, transfer or renewal fees and any admin fees detailed
on the respective service detail page.
You will not be entitled to a refund on this basis if you have
previously had an account with us.
6.7 You may cancel the Services at any time. In the event that you request the transfer of your domain to another
ISP / host either by registry transfer, IPS tag change (in the case of Nominet registered domains) or by changing
the domain name servers then any web hosting and / or email services provided under this Agreement will be
immediately terminated. Except in accordance with 6.6, you will not be entitled to any refund for the remaining
period of membership.
6.8 There must be a current domain registration with us noted as the registrar or a pending domain transfer to us associated with your web hosting account at all times. If your
domain name expires and is not renewed (or is transferred away as in 6.7) then any web hosting and / or email
services provided under this Agreement will be immediately terminated. You will not be entitled to any refund for
the remaining period of membership.
6.9 Where payment has been made by credit or debit card, any refund will
only be issued to the same credit or debit card.
6.10 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your
Web Site and to remove all data from our servers.
7. Indemnity
7.1 You shall indemnify us and keep us indemnified and hold us harmless
from and against any breach by you of these Terms and Conditions and any
claim brought against us by a third party resulting from the provision
of Services by us to you and your use of the Services and the Server including,
without limitation, all claims, actions, proceedings, losses, liabilities,
damages, costs, expenses (including reasonable legal costs and expenses),
howsoever suffered or incurred by us in consequences of your breach or
non-observance of this Agreement.
8. Limitation Of Liability
8.1 All conditions, terms, representations and warranties relating to
the Services supplied under this Agreement, whether imposed by statute
or operation of law or otherwise, that are not expressly stated in these
Terms and Conditions including, without limitation, the implied warranty
of satisfactory quality and fitness for a particular purpose are hereby
excluded, subject always to sub clause 8.2.
8.2 Nothing in these Terms and Conditions shall exclude our liability
for death or personal injury resulting from our negligence.
8.3 Our total aggregate liability to you for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the provision
of the Services shall be limited to the charges paid by you in respect
of the Services which are the subject of any such claim.
8.4 In any event no claim shall be brought unless you have notified us
of the claim within one year of it arising.
8.5 In no event shall we be liable to you for any loss of business, contracts,
profits or anticipated savings or for any other indirect or consequential
or economic loss whatsoever.
9. Privacy and Security
9.1 These Terms and Conditions incorporate our Privacy and Security Policies.
Full details can be found at http://www.me2uweb.com/privacy.htm.
10. Assignment
10.1 Neither this agreement or any rights or obligations hereunder may be
assigned or transferred or sub-contracted by you in part or in whole to a
third party without our prior consent (not to be unreasonably withheld). We
reserve the right to assign this agreement in part or in whole to any
third party after giving you prior notice.
11. Notices
11.1 Any notice to be given by either party to the other may be sent by
either email, fax or recorded delivery to the address of the other party
as appearing in this Agreement or ancillary application forms or such
other address as such party may from time to time have communicated to
the other in writing, and if sent by email shall unless the contrary is
proved be deemed to be received on the day it was sent or if sent by fax
shall be deemed to be served on receipt of an error free transmission
report, or if sent by recorded delivery shall be deemed to be served two
days following the date of posting.
12. Law
12.1 This Agreement shall be governed by and construed in accordance with
English law and you hereby submit to the non-exclusive jurisdiction of
the English courts.
13. Headings
13.1 Headings are included in this Agreement for convenience only and
shall not affect the construction or interpretation of this Agreement.
14. Entire Agreement
14.1 These Terms and Conditions together with any documents expressly
referred to in them, contain the entire Agreement between us relating
to the subject matter covered and supersede any previous Agreements, arrangements,
undertakings or proposals, written or oral between us in relation to
such matters. No oral explanation or oral information given by any party
shall alter the interpretation of these Terms and Conditions. In agreeing
to these Terms and Conditions, you have not relied on any representation
other than those expressly stated in these Terms and Conditions and you
agree that you shall have no remedy in respect of any misrepresentation
which has not been made expressly in this Agreement.
|
