Agreements and Policies
1. SERVICE AGREEMENT
2. USAGE POLICY
3. TRADEMARK ABUSE POLICY
4. DISPUTE RESOLUTION POLICY
1. SERVICE AGREEMENT
1. SERVICES
Subject to the terms and conditions of this Agreement, Active Net Communications will provide to Customer the Web hosting and/or related services described in the plan selected by Customer from Active Net Communications then published list of services offered from time to time ("Services"). The specific plan of Services to be provided initially to Customer shall be as selected in the Order and thereafter as established through correspondence between Customer and Active Net Communications.
2. TERM
The initial term of this Agreement shall be as stated in the Order ("Initial Term"). The Initial Term shall begin upon commencement of Service to Customer, provided, however, no Service shall commence unless and until Active Net Communications receives and accepts a completed Order from Customer, plus payment in full for Services to be rendered during the Initial Term and any setup charges Active Net Communications reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by Active Net Communications. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or cancelled by either party only as provided in Paragraph 9 below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term."
3. FEES AND PAYMENT
All fees for Services rendered or provided to Customer shall be in accordance with Active Net Communications pricelist then in effect, or other fees as publish and or agreed with Customer, the terms of which are incorporated herein by reference. Active Net Communications may, with 30 days notice to Customer, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Customer will receive an invoice by email or post for the charges for the basic Services rendered or provided by Active Net Communications for such renewal period, plus any additional Services rendered or provided by Active Net Communications to Customer for the preceding month of the Term, and any other charges or fees then due hereunder. Payment in full of such invoiced amount is due upon receipt of the invoice. Should payment in full of any invoice not be received by Active Net Communications within thirty (30) days after date of invoice, Active Net Communications may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due Active Net Communications remains unpaid thirty (30) days after presentation of an invoice to Customer, Active Net Communications, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Active Net Communications) shall be paid by Customer. No refunds will be given if Customer applies for a .ltd.uk or .plc.uk domain without giving the correct Company Registration number.
4. CONTENT AND CUSTOMER'S RESPONSIBILITY
Active Net Communications will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network, except where that information has been explicitly published solely by Active Net Communications. Active Net Communications shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.
5. NO WARRANTY
Customer agrees to use all Active Net Communications' Services and facilities, and any information obtained through or from Active Net Communications, at Customer's own risk. Customer acknowledges and understands that neither Active Net Communications, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. Active Net Communications specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.
6. PROHIBITED USES
Customer shall not use, nor permit the use by any person of, Customer's Web space or any part thereof, including any links to other Web space, in violation of Active Net Communications' "Usage Policy" provided herewith.
7. LIMITED LIABILITY
Under no circumstances, including negligence, shall Active Net Communications,
its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, hardware failures, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, hardware failure, destruction or unauthorized access to Active Net Communications' records, programs or services. Active Net Communications further shall have no responsibility whatsoever to Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate amount which Customer paid during the month immediately preceding the claim or the term of this Agreement, whichever is less.
8. INDEMNIFICATION
Customer shall defend, indemnify, save and hold Active Net Communications harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against Active Net Communications, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by Customer, its agents, employees or assigns or any product distributed, offered or sold by Customer, its agents, employees or assigns.
9. TERMINATION
This Agreement may be terminated (unless agreed otherwise between Customer and Active Net Communications) : (i) by Active Net Communications in the event of non-payment by Customer as provided in Paragraph 3 above;
10. ADDITIONAL TERMS AND CONDITIONS
Customer hereby acknowledges that it has received and reviewed a copy of Active Net Communications' "Usage Policy" provided herewith and that the terms of the Usage Policy are incorporated herein by reference. Active Net Communications reserves the right to amend this Service Agreement and the Usage Policy from time to time and Customer shall be bound by any such amendments. Customer shall have the obligation to periodically review Active Net Communications' Usage Policy and to make certain Customer is in full compliance therewith. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern.
11. NOTICE
All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a notice must be in writing. All notices to Active Net Communications shall be delivered to its address stated above or its email address as provided. All notices to the Customer shall be delivered to its mailing address or its email address as provided on the Order. The parties may change their respective address by notice delivered to the other party. All notices delivered in writing must be sent either by overnight courier or certified mail, return receipt requested. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.
12. MISCELLANEOUS
This Agreement sets forth the entire agreement between Active Net Communications and Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. Customer may not transfer or assign this Agreement without Active Net Communications' prior written consent. This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of Active Net Communications' services.
13. MAINTENANCE AND SUPPORT
Where a plan includes maintenance and support options, the following provisions apply :
13.1 Support. Active Net Communications will provide support for general web publishing issues, as set out in the plan of services selected.
13.2 Response. Active Net Communications will respond to an online enquiry by 4pm on the next working day from the day of enquiry. Working days are defined as Monday to Friday excluding UK public holidays. The response does not constitute a solution. Active Net Communications will propose a solution within 24 hours of their initial response and provide a solution within a reasonable time scale. Active Net Communications do not guarantee a solution.
13.3 Exclusions. Support shall not include services for problems with specific software or hardware applications and configurations unless agreed in advance by both parties. Support shall also not include services deployed for Health and Safety reason or which may constitute a hazard to Health and Safety of persons if faulty or incorrectly operated.
13.4 Customer's Duties. The customer shall document and promptly report all errors or malfunctions of the Hardware or Software to Active Net Communications. The customer shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from Active Net Communications. The customer shall maintain a current archive copy of all Software and data. The Customer shall properly train its personnel in the use of the Hardware and Software.
USAGE POLICY
The Active Net Communications Usage Policy has been developed
with the following objectives:
Ensure security, reliability and privacy of Active Net Communications' systems and network, and the networks and systems of others. Maintain the image and reputation of Active Net Communications as a responsible provider. Preserve the value of Internet resources as a conduit for free expression. Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services. Avoid situations that may cause Active Net Communications to incur civil liability. Preserve the privacy and security of individual users
VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDICATE TERMINATION OF ALL ACCOUNTS.
General Conduct
1. Customers are prohibited from transmitting on or through any of Active Net Communications' services, any material that is, in Active Net Communications' sole discretion, unlawful, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.
2. Active Net Communications' services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of UK regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Active Net Communications reserves the right to remove such illegal material from its servers or prevent transmission through its networks or systems.
3. Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.
4. The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
System and Network Usage
Security
1. Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks.
2. Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
3. Customers may not use any kind of program/script/command, or send messages of
any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
4. Customers must safeguard their account passwords to prevent unauthorized access to their account.
5. Users who violate systems or network security may incur criminal or civil liability. Active Net Communications will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Email
1. Harassment, whether through language, frequency, or size of messages, is prohibited.
2. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.
3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "Spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
5. Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
6. Forging of header or any other information is not permitted.
7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
8. Active Net Communications' accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
9. These rules apply to other types of Internet-based distribution mediums as well.
General Uses
1. Customers may not permit the use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the Customer's own account.
2. Customers may not employ posts or programs that consume excessive CPU time or storage space. Active Net Communications reserves the right to kill off CPTU intensive process.
Material and Product Requirements
1. Customers must ensure that all material and data placed on Active Net Communications' equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on Active Net Communications' part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer's material is not "server-ready", we have the option at any time to reject this material. Active Net Communications will notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Active Net Communications.
2. Use of Active Net Communications' service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer's Web space. Customers must have the necessary knowledge to create and maintain a Web space. It is not the responsibility of Active Net Communications to provide this knowledge or customer support outside of the service defined in the Service Agreement.
Privacy
1. Active Net Communications will not sell or knowingly disclose its customer lists or customer email or listserv address lists. We will attempt to protect the privacy of our Customers and their information that is stored on our network. Active Net Communications will only access and disclose information as necessary to comply with applicable laws and government requests, to operate and maintain our systems and services, or to protect ourselves or our Customers.
2. Active Net Communications will not monitor or disclose a Customer's private email messages unless required by court order or law. We will cooperate with the authorities and will notify such authorities if it suspects that a Customer is engaged in illegal activities.
THE USAGE POLICY DEFINES THE ACTIONS WHICH ACTIVE NET COMMUNICATIONS CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO ACTIVE NET COMMUNICATIONS' CUSTOMERS.
If you are unsure whether any contemplated use or activity is prohibited, please contact us and we will assist you. Please note that the activities set forth above are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Active Net Communications, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies.
Active Net Communications must further limit any exceptions made to the Usage Policy as secondary in regards to server and network security, performance and integrity. Any user, regardless of exception status, may have his or her service disabled if it is interfering with our servers or network.
Reports of activity in violation of this policy may be sent via registered post to our office.
3. TRADEMARK ABUSE POLICY
Before you sign up for any domain name with us, you must explicitly assert that to your knowledge you are not abusing any trademark or other statutes. If in doubt seek legal advice.
4. DISPUTE RESOLUTION POLICY
Active Net Communications is not part of a dispute between a trademark owner and a Registrant. We cannot arbitrate between two disputing parties. Procedures
for disputes are already in place, please see the information published on the web sites of Network Solution ( for .com .net .org names), Nominet, and the UK - Patent Office.