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Terms of Service - e-SystM Ltd. trading as Network Connections

1. Definitions:

These words have the following meanings:

“content” – all information whether textual, visual or audio or otherwise appearing on or available through the services.

“network” – our server, internet protocol accounts, computer equipment and service contracts that enable us to provide the web hosting and domain registration services to you.

“severe disruption” – a breakdown of the service which lasts for 3 days or more.

“you” and “your” – the customer.

“virus” – any manipulating programme which modifies other programmes and / or replicates itself.

“we”, “us” and “our” – e-SystM Ltd. trading as Network Connections.

2. Our Agreement:

(a) This agreement applies from when we accept your request for web hosting services or domain name registration services.

(b) We will open an account in your name and apply charges to it. We will connect you to the services which you have ordered as soon as we can.

(c) You must pay your bill by the requested date. If you don’t we can stop you using the service and charge you interest on what you owe at 12% above base rate on a per annum basis, calculated daily.

(d) If you don’t pay your bill by the requested date we can terminate this agreement immediately.

3. Providing Services:

(a) We will always try to make the services available to you, but sometimes they may be affected by events that we cannot control, for example faults in other organisations’ servers or networks.

(b) We will not be liable to you or any other party for any action you take in reliance upon the accuracy, completeness or continuous supply of the content.

(c) It is your responsibility to evaluate the value and the integrity of any transactions that you enter into with third parties by means of the services. We will not be a party to nor in any way responsible for any transaction concerning third party goods or services.

(d) The service enables access to content. We may vary the availability of content or the technical specification of the services.

(e) The services are made available provided that you comply with the following conditions. Any failure to comply with these conditions shall be a material breach of this agreement:
(i) they are not to be used for anything unlawful, immoral or improper;
(ii) they are not to be used to make offensive or nuisance communications in whatever form;
(iii) they are not to be used to send, receive, upload, download or otherwise facilitate any material which is offensive, indecent, defamatory, a breach of privacy, copyright laws or otherwise unlawful;
(iv) they are not to be used to access or distribute content in a way that infringes the rights of others;
(v) you give us information that we reasonably ask for, and
(vi) all reasonable instructions we give to you are followed.

(f) You may not exceed the server capacity allocated to your service level that you have purchased from us.

(g) When purchasing a web hosting plan from Network Connections (Personal, Premium, Enterprise, Reseller1, Reseller2 and MegaPack), your services will be load balanced between servers located from a range of datacentres within London and United States. The option of choosing where these services are located is not optional and will most likely reside within our USA New York datacentre. If your services are dependant on high connectivity speeds and low latency for applications such as Media Hosting and Video streaming please contact sales@esystm.com so we can help and advise on a more custom tailor made package and price.

(h) Your allocated server space is for your personal use only. As you are responsible for any use of your account, you are advised not disclose your account details and password to any other person and to take reasonable precautions to ensure that they are not discovered by other people. If you suspect that your password is no longer secure please contact us with a request for a new password.
(i) Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your web space.
(j) You may not run server processes (eg. talkers/IRC Bots) from your web space. Users must not participate in any form of un-solicited bulk e-mailing or spam.

4. Liability:

(a) We will not be liable to you if we cannot carry out our duties or provide services because of something beyond our control.

(b) We are not liable to you in any way for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time that you entered this agreement.

(c) We can change these conditions if new laws or rules make it necessary. We will notify to you straight away if we do so.

(d) We will not be responsible for any harm you suffer from any virus which may infiltrate your equipment, whether it was transmitted via our network or otherwise. You remain responsible for all charges for the use of any services activated by such a virus.

(e) You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK or International laws.

(f) You will be held responsible for and accept responsibility for any defamatory, confidential, illegal or other proprietary material available via your page(s).

(g) We reserve the right to remove material deemed inappropriate from your web pages, without prior notice. Network Connections do not allow adult, warez or illegal MP3 web sites on our servers.

5. Paying for Services

(a) Your account will be payable annually in advance. The payment for the first year’s web hosting service is payable when placing your order.

(b) The initial payment can be made on the Network Connections website (networkconnections.co.uk) when placing your order for the requested services by one of the payment methods made available there.

(c) Whilst subsequent annual payments can also be made on the website, you are strongly advised to set up a Standing Order allowing renewal payments to be made directly to our UK bank account, the details of which will be provided to you after subscribing to the hosting service. This will avoid the risk of a loss of domain name or a break in the hosting service due to accidental non-payment of the appropriate fees.


6. When we may suspend or disconnect the services:

(a) We may suspend services or terminate this agreement and disconnect you without warning if :

(i) the network breaks down or needs maintenance. We will try to ensure that this does not happen often; or

(ii) you, or anyone using your account, do not keep to the conditions of this agreement or any other agreement with us; or

(iii) you, or anyone using your account, damages the network or puts it at risk,

(iv) your account falls into arrears.

(b) You are liable for charges during suspension or disconnection unless we decide otherwise, unless there was a severe disruption to the network or the network completely broke down.


7. Domain Name Registrations:

(a) Domain name registrations need to be paid for in full before Network Connections will register the name. For speed of registration, it is recommended that such payments are made via one of the electronic payment methods made available on the networkconnections.co.uk website.

(b) Network Connections uses industry standard searches to establish the registration status of a requested domain name. However we cannot be held responsible for any erroneous results of such searches. Customers are always advised to seek confirmation that a domain name registration has been accepted (certified) before committing to any related expenditure, such as stationery printing or advertising costs.

(c) Domain name registrations, although they are fast, are not instant. The time taken depends on the extension requested, i.e. .com, .co.uk, .biz etc. Some registrations can take a few minutes others can take several hours. We are not liable for any consequences of a loss of a domain name between receipt of the order by us and the actual registration of the domain name by the Registrar. In these circumstances the money paid to Network Connections for the domain name registration can be used against the registration of an alternative name.

(d) If you don’t pay your domain name registration or renewal charges by the requested date it could cause your domain name registration to lapse with the possible loss of the domain name.

(e) Domain name registration fees are a separate charge to that made for the hosting service provided by Network Connections and must be paid at the time and in the manner specified by us in order for the registration to remain effective.

(f) A loss of domain name rights by you as a result of your non-payment of registration fees, or some other reason beyond our control or responsibility, will not entitle you to a refund of the hosting fees.
8. Cancellation and Refunds
(a) When you subscribe to one of our hosting options you are entering into a 12 months contract. If you cancel your account within your service period then we will not make any refunds on any unused portions of your account.

(b) Domain name registration fees or any certification fees cannot be refunded, in full or in part, under any circumstances once the registration has taken place as we have already paid registration fees on your behalf to the Registrar.

9. General:

(a) You may not transfer any of your rights and responsibilities under this agreement.

(b) We can record any conversations between you and our staff.

(c) English Law will apply to this agreement and any disputes will be settled in the courts of England and Wales.

(d) Unless you have agreed otherwise, we will send all bills and notices to your e-mail address. You must record any change to that address in our customer registration section of our website.

(e) Notices from you to us may be sent by e-mail via our website networkconnections.co.uk but please ask for confirmation of receipt. Alternatively they can be posted by Recorded Delivery to Customer Services, Network Connections, 3 Wyndham Road, Kingston upon Thames, Surrey, KT2 5JR.

(f) If a clause or condition of this agreement is not legally effective, the remainder of this agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition or similar meaning that is.


(g) Until you object we will use information about you to tell you of products and services offered by us or other associated organisations that might be of interest. If you would prefer not to receive such information, simply let us know at any time. To protect your privacy we never sell, distribute or otherwise disclose any details including your name or e-mail address to any third parties unless legally compelled to do so.

(h) These Terms and Conditions will remain accessible on our website at networkconnections.co.uk for your information and future reference. If you have any questions or require further clarification please do not hesitate to contact us.

10. Privacy Policy

Network Connections is committed to protecting the privacy of our customers and visitors. We follow the 8 guiding principles set down by the Data Protection Act (DPA) and as such any personal information submitted or data gathered at any e-Systm site is; -

 

1. Processed fairly and lawfully;

2. Only collected for specified and lawful purpose(s) and is not processed in a manner that is incompatible with that purpose or purposes;

3. Adequate, relevant and not excessive to the purpose for which it is being held;

4. Accurate and up to date;

5. Kept no longer than it needs to be;

6. Processed in accordance to the rights of the person it applies to;

7. Secure;

8. Is not transferred outside of the European Economic Area (EEA) unless an adequate level of security can be guaranteed there;

More information of the DPA, how it affect you, and your rights, can be found here.

 

Clients
In accordance with the DPA, the information collected from customers when signing up is used for billing and administration purposes only and will be kept confidential. We NEVER pass on or sell your information to third parties. As a client, you have the right to view the data we have on record for you and ask that it is updated if it is inaccurate.

Clients acknowledge that the internet has a "world viewable" nature and accept sole responsible for the level of personal information displayed on their website(s)

 

Visitors
As a visitor certain information will be recorded when you visit our sites. These include, but are not limited to; your ISP's domain, the time accessed and the pages visited. This is to analyse the web traffic and improve the delivery of content through our sites. Once again we never give away or sell this demographic information to third party companies or individuals.


This is the end of the Network Connections Terms and Conditions.


e-SystM Ltd.,
3 Wyndham Road,
Kingston upon Thames,
Surrey,
KT2 5JR.
United Kingdom.

General Enquiries
08704784063

International Phone:
08704784063

2002 - 2014 e-Systm Ltd. t/a Network Connections All Rights Reserved
Registered in England and Wales Company No. 5708885

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