1. We do not allow Adult, Warez, illegal MP3 Sites or IRC Bots.  Why?  These sites could jeopardise the performance of our servers for the majority of our clients.


2. The Customer may not store more data in the account than the allotted virtual server space.


3. The Customer's virtual server (inc. FTP and Telnet access) is for their personal use only.  The Customer must not divulge the password to any other person, and should take reasonable precautions to ensure that it is not discovered by any other persons.


4. The Customer shall notify us immediately of any known or suspected unauthorised use of the account or breach of security, including loss, theft or unauthorised disclosure of passwords or other security information.


5. Data stored on our servers is not guaranteed to be backed up. It is recommended that the Customer keep an independent backup of all data stored on the virtual server.


6. The Customer may not run server processes (e.g. talkers/IRC Bots) from the virtual server.


7. osCommerce4u shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.


8. When the Customer account is closed, all files (including web pages, etc.) will be deleted.


9. osCommerce4u reserve the right to cancel the Customer account at any time without notice.


10. osCommerce4u reserve the right to amend and update these Terms and Conditions at any time without notice.


11. To protect Customer privacy osCommerce4u never distributes Customer names or email addresses to any third parties. 


12. The Customer must not participate in any form of unsolicited bulk emailing or Spam.


13. osCommerce4u reserves the right to change the terms, conditions, and notices under which the osCommerce4u Hosting Services are offered, including but not limited to the changes associated with the use of osCommerce4u's Hosting Services.  The Customer is responsible for regularly reviewing these terms and conditions.


14. The Customer agrees to receive one email newsletter (opt-out available) per month from osCommerce4u in addition to email renewal notices, payment requests, invoices and system additions/updates (opt-out not available as is an integral part of the services purchased).


15. The Customer's continued use of osCommerce4u's Hosting Services constitutes agreement to all such terms, conditions and notices.


16. Technical support is provided to The Customer for all accounts via email and telephone (when available) unless:
    
    
    
    1. renewal fees are overdue.
    
    
    2. the domains attached to any account have been transferred away.
    
    
    3. the support call is deemed "out of scope of normal support" - we reserve the right to determine what constitutes normal support.
    
    
    4. an Ecommerce account where no valid osCommerce support contract exists, in which case each support call is subject to a standard charge of 40 UK Pounds per hour, with a minimum of one hour chargeable.
    
    
    
    


17. The Customer is indicating acceptance of these Terms and Conditions by ordering online from osCommerce4u.


18. This does not affect the Customers statutory rights as a consumer, subject to the provisions of Clause 2.i. below.

2. Cancellation by the Customer

1. Where the Customer is deemed to be a "consumer" for the purposes of the Consumer Protection (Distance Selling) Regulations 2001, or any re-enactment thereof, the Customer has the right to cancel an order, within 7 days of placing the order, by giving notice in writing to osCommerce4u, subject to the following provisions:
   
   
   
   1. Orders for registration of domain names may not be canceled after the domain name has been registered with the appropriate registrar.
   
   
   2. Orders for renewal of domain names may not be canceled after osCommerce4u has submitted the renewal request to the appropriate registrar.
   
   
   
   


2. If the Customer cancels an account, osCommerce4u will refund any full months paid after the initial three months. osCommerce4u will not refund any payment made for the first three months of service after the 30 day free trial has lapsed.


3. The 30 free trial does not include domain registration and any setup costs such as dedicated ip address and ssl certificates.


4. Cancellation of accounts and/or domain transfer: in all cases a minimum of 30 days notice is required, this notice period must be confirmed and accepted by osCommerce, otherwise there is no charge to transfer a domain.


5. In the event of a cancellation of an order by the Customer, under the terms of this provision, osCommerce4u undertakes to refund any funds paid within 30 days of cancellation.

3. Indemnity

1. The Customer shall indemnify osCommerce4u and keep us indemnified and hold us harmless from and against any breach by the Customer of these terms of business and any claim brought against osCommerce4u by a third party resulting from the provision of services by osCommerce4u to the Customer and the Customers use of the services, 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 the Customers breach or non-observance of this Agreement.

4. Credit

1. We are unable to offer any form of credit.


2. If the account/service is activated before payment is made then payment must be sent in full by return.


3. If payment is not made in full within 28 days all technical support for the site will be revoked.  If payment is still not made in the following 7 day period the account will be deleted from our servers and all DNS services will stop.


4. If the account is canceled and is later reactivated, an administration fee of 25 UK Pounds is levied on the account.


5. If any sum payable is not paid on or before the due date, osCommerce4u shall deactivate the account(s) and/or suspend the provision of services to the Customer forthwith and shall allow any related domains to expire.

5. Bandwidth

1. If the bandwidth reaches a point where it has an adverse affect on other clients osCommerce4u reserve the right to disable the site until the Customer can reduce the bandwidth usage.


2. Each virtual server includes a nominated amount of bandwidth, if the Customer uses more than this amount then the Customer agrees to pay for this bandwidth at £4.95 per 1000 MB per month.The Customer must monitor bandwidth usage and if this will be exceeded in any month then the Customer MUST contact support and agree to upgrade or purchase additional bandwidth; if the Customer has not contacted support through the standard support channel and the account exceeds the allotted bandwidth in any given month the related web site will be suspended. We only operate this policy for constant repeat offenders and your account will be given due leniency.

6. Setup and use of web space and servers

1. We will endeavour to order the Customers domain and setup the web space within 48 hours of receiving confirmation that the payment has been processed, providing this is a normal business day (Monday to Friday).


2. Commercial use of web and ftp space is permitted; however, any file stored on the Server must be reachable via a hyper link from a page on the hosted domain.


3. The Customer warrants that they are at least 18 years of age and if the Customer is a company, then the Customer warrants that osCommerce4u's services will not be used by anyone under the age of 18 years.


4. While osCommerce4u will use every reasonable endeavour to ensure the integrity and security of the Server, osCommerce4u do not guarantee that the Server will be free from unauthorised users or hackers and osCommerce4u shall be under no liability for non-receipt or mis-routing of email or for any other failure of email.


5. The Customer will not post, link to or transmit:
   
   
   
   1. any material that is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
   
   
   2. any material containing a virus or other hostile computer program.
   
   
   3. any material which constitutes, or encourages the commission of, a criminal offense 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.
   
   
   
   


6. The Customer will not store on the web space any of the following:
   
   
   
   1. illegal material, including commercial audio, video, or music files, and any material in violation of any UK or European or Local regulation, copyrighted works (audio and video downloads may only be hosted if you are the creator/copyright owner of the work).
   
   
   2. adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.  Also including any sites which provide hyper links to information about such material or advertising for such material.
   
   
   3. warez, includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above.
   
   
   
   


7. The Customer 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 the Customer authorise or permit any other person to do so.


8. osCommerce4u will not be liable for interruptions of service or downtime of the servers.


9. The Customer will be responsible for the content of the pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law.


10. The Customer will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via the page(s).


11. osCommerce4u reserve the right to remove material deemed inappropriate from the Customer's web pages, without prior notice.


12. If the Customers web site files or scripts stored on one of our servers causes, or osCommerce4u believe that they cause noticeable and detrimental reduction in service for other Customers, then osCommerce4u may immediately remove the file(s) or script(s).


13. osCommerce4u shall use our reasonable endeavours to make available to the Customer at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or downtime of the Server.


14. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days the Customer will be notified of the reason.

7. Intellectual property rights

1. The Customer must obtain any and all necessary consents and clearances to enable lawful use of all and any intellectual property rights through the osCommerce4u's web hosting, including without limitation, clearance and/or consents in respect of the Customers proposed domain name.

8. Termination

1. If the Customer breaks any of these terms and conditions, osCommerce4u may terminate this Agreement forthwith upon written notice via email.


2. If the Customer is a company and goes into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with the creditors, osCommerce4u shall be entitled to terminate this Agreement forthwith without notice.

9. Limitation of liability

1. osCommerce4u's total aggregate liability to the Customer 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 the Customer in respect of the services that are the subject of any such claim.


2. In any event no claim shall be brought unless the Customer has notified us of the claim within 14 days of it arising.


3. In no event shall osCommerce4u be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

10. Law

1. This Agreement shall be governed by and construed in accordance with English law and the Customer hereby submit to the non-exclusive jurisdiction of the English courts.

11. Unacceptable use - these policies are actively and strictly enforced

1. The following are unacceptable uses.
    
   
   
   
   1. 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.
       
   
   
   2. 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 the Customer is 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 the Customer is the creator and copyright owner of the work.
       
   
   
   3. Bulk Email
      
      
      
      1. Is allowed on Dedicated Servers
      
      
      2. Linux shared accounts: Opt-in email lists are allowed
         Unix accounts: Sending bulk email (sending > 20 emails per minute per account) whether opt-in or otherwise and the use of bulk email to promote a site is strictly forbidden.
          
      
      
      
      
   
   
   4. Misuse Of Resources
      Including but not limited to employing applications which consume excessive CPU time, memory or storage space. 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.
       
   
   
   
   


2. If the Customer is unsure about content the Customer intends to place on our network, please check with us before uploading such content.  We reserve the right to determine what constitutes acceptable use.

12. Members area and security of our systems

1. information collected during the Customer login


2. the Customer contact details





1. Cloaking software and/or anonymous proxies - if the Customer logs in using one of these methods to intentionally deceive osCommerce4u, we reserve the right to cancel the Customer account without notice.
    


2. In addition to data entered intentionally by the Customer osCommerce4u record the IP Number (Internet protocol address) and the time logged in.
    


3. Business progress may dictate we might sell or buy partners or assets.  In such transactions customer information generally is one of the transferred business assets.  In the event that osCommerce4u are acquired, customer information will be one of the transferred assets.
    







1. The Customer must ensure osCommerce4u has current contact details (physical address, email address and telephone number).  osCommerce4u use these details to inform the Customer when renewals are due and osCommerce4u can not be held responsible if the Customer fails to receive renewal notifications via email.

13. Force Majeur

1. osCommerce4u shall have no liability to the Customer in respect of anything which, apart from this provision, may constitute a breach of this Agreement arising by reason of force majeure which means, circumstances beyond osCommerce4u's reasonable control including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, unauthorised use or access to the IT systems, explosion, flood, epidemic, strikes and other industrial disputes (in each case, whether or not relating to osCommerce4u's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions.