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UKHOSTWAY ("UKHOSTWAY") maintains this Web
site as a service to the Internet community, as well as
the small business community. UKHOSTWAY permits users to
browse and peruse UKHOSTWAY.COM for the purpose of
accessing information, products and services to develop
and grow a business presence online. By visiting this
Web site and/or using or purchasing goods and/or
services from or through this Web site, you agree to be
subject to the terms and conditions set forth herein and
all applicable laws. UKHOSTWAY may revise these terms
and conditions and any product offerings or pricing at
anytime, without notice, at UKHOSTWAY's sole discretion,
by updating this posting.
This offer is expressly conditioned upon your acceptance
of these Terms of Service ("Terms"). Your use
of or access to UKHOSTWAY.COM constitutes your Agreement
to these Terms, as in effect from time to time. This
offer and your acceptance thereof represents the entire
agreement between you and UKHOSTWAY, and supersedes any
and all other communications, prior, contemporaneous or
subsequent, and any course of performance or course of
dealing, except as modified by revisions of this posting
by UKHOSTWAY or by written agreement by an authorized
officer of UKHOSTWAY (provided, however, that any such
revised posting shall take effect prospectively from the
date of the posting.) The Terms and the relationship
between you and UKHOSTWAY shall be governed by and
interpreted in accordance with the laws of the
Commonwealth of Massachusetts, United States of America,
without reference to its principles of conflicts of law.
UKHOSTWAY reserves the right to send notices to its
customers of changes to the UKHOSTWAY Privacy Statement
or these Terms of Service, or of any material changes
affecting their plan.
It
is your responsibility to keep UKHOSTWAY notified of any
changes to your e-mail address or contact information to
assure that customers receive all such notices from UKHOSTWAY.
Billing and contact information can be updated directly
through the UKHOSTWAY Members Area or by contacting UKHOSTWAY's
support department at
support@UKHOSTWAY.COM.
Monthly
Payments: Monthly payments may be made by credit
card. Your credit card will be billed each month for the
plan you select. Your first payment may include a set-up
fee, as indicated in the registration process. We will
automatically bill your payment to the credit card you
provide each month.
Quarterly
Payments: Quarterly payments may be made by
credit card. Your credit card will be billed each
quarter for the plan you select. Your first payment may
include a set-up fee, as indicated in the registration
process. We will automatically bill your payment to the
credit card you provide each month.
Annual
Payments: Annual payments may be made by credit
card, check or Western Union. Your first payment may
include a set-up fee, as indicated in the registration
process. If you choose to pay by credit card, we will
automatically bill your payment to the credit card you
provide upon the annual renewal date. If you choose to
pay by check or Western Union, you will receive an
e-mail that provides payment instructions 30 days before
your annual renewal payment is due.
Credit
Card Payments: customers are responsible for
keeping credit card information up to date. UKHOSTWAY
reserves the right to suspend an account and its Web
site if, for any reason, we are not able to process
payment through the credit card provided by the customer
(e.g., card has expired, account number has changed).You
can review and correct information through the
"Update Billing Info" link in the Members
Area.
You
are free to cancel your plan at any time.
If you purchase a plan that includes a 30-day money-back
guarantee, UKHOSTWAY will refund all monthly fees
previously paid by you upon your request. The 30-day
money-back guarantee refers to credit-card payments
only. Due to the costs associated with processing
payments made by check and Western Union, we are not
able to offer the 30-day money-back guarantee for
customers who utilize these payment methods.
Set-up fees, fees for products not included in your plan
- such as domain names - and monthly membership charges
incurred after the first 30 days are not refundable.
In most cases, we will process a refund using the same
form of payment (e.g., credit card, check or Western
Union) that was originally used to pay for the product
being refunded. If we are not able to do so, we will
issue the refund in the form of a check.
You
have 90 days to dispute any charge or payment processed
by UKHOSTWAY. If you have a question concerning a charge
you believe is incorrect, please contact us at billing@UKHOSTWAY.COM.
Terms and conditions, our Terms of Service, product
offerings and pricing are subject to change at any time,
without notice.
If
you have enrolled in a free plan, your Web site may
carry UKHOSTWAY advertising HTML, which includes an
advertising banner. UKHOSTWAY reserves the right to run
additional messages and information from our advertisers
or UKHOSTWAY on free Web sites.
These
advertisements are automatically inserted to display at
the very top of your free Web site. If you would prefer
not to have such advertising and sponsorships on your
Web site, you may register for a plan that does not
include advertising and sponsorships.
When you register with UKHOSTWAY, you become a part of
the UKHOSTWAY community. As a customer of the UKHOSTWAY
community, you may have access to information and the
ability to use UKHOSTWAY's buying and directory services
as you expand your business. If you do not accept any of
these terms, do not register for the services.
By registering with UKHOSTWAY, you agree to receive a
copy of the UKHOSTWAY weekly newsletter, as well as
other special UKHOSTWAY offers that may arise from time
to time. Should you not wish to receive the newsletter
or any related such mailings, you may unsubscribe by
using our subscription settings form.
Pursuant
to UKHOSTWAY's Privacy Statement,
UKHOSTWAY may disclose to third parties certain
aggregate information contained in your Registration
Data or related data, provided that, such information
will NOT include personally identifying information,
except as specifically authorized by you or in the good
faith belief that such action is reasonably necessary to
comply with the law, legal process, to enforce the
Terms, or under any of the other circumstances set forth
in the UKHOSTWAY privacy policy, as may be amended from
time to time.
UKHOSTWAY
makes no guarantee as to the availability of or access
to
(i)
its Web site,
(ii)
any customer website or other website, information or
material hosted by UKHOSTWAY, or
(iii)
the products and/or services available on or through any
of the above.
UKHOSTWAY is not responsible for the content of any Web
page hosted on UKHOSTWAY, and the opinions and views
expressed in the Web pages hosted on UKHOSTWAY do not
necessarily reflect those of UKHOSTWAY. The contents of
the Web pages hosted on UKHOSTWAY are not monitored or
reviewed in any way before they appear on UKHOSTWAY.
UKHOSTWAY reserves the right to disable any scripts or
other technology used by a member which has or could
have a negative impact on the performance of UKHOSTWAY's
systems, e-mail capabilities and/or hosting environment.
UKHOSTWAY services may only be used for lawful purposes.
Transmission or solicitation of any material that
violates United States Federal, State or other laws that
may apply in this jurisdiction or your local area is
prohibited. This may include material that is obscene,
threatening, harassing, or libelous, promotes gambling,
or is in any way a violation of intellectual property
laws. No material may be published on Web pages hosted
by UKHOSTWAY that would commonly be considered
"indecent" or "appealing to the prurient
interest" also commonly referred to as
"adult" material, nor will any links to such
Web sites be tolerated within the Web pages hosted by UKHOSTWAY.
Much of the content and many of the goods and services
offered on or through UKHOSTWAY are provided by third
parties, usually known as "Affiliates," under
contract with UKHOSTWAY. When you access such content or
purchase such goods or services, you are contracting
with an Affiliate and not with UKHOSTWAY. UKHOSTWAY
makes reasonable commercial efforts to assure that its
Affiliates are reputable but cannot guarantee the
content, goods and/or services that they provide.
If you experience a problem with the content, goods
and/or services accessed from the Affiliates through UKHOSTWAY,
please notify us at info@UKHOSTWAY.COM.
Complaints may be investigated by UKHOSTWAY but UKHOSTWAY
is under no obligation to act or not act with regards to
any complaint. Any action taken on a complaint will be
at the sole discretion of UKHOSTWAY. Notice of problems
encountered in accessing such content or purchasing such
goods or services through UKHOSTWAY Affiliates should be
directed to:
Notices of such problems should contain the following
information:
- Identification
of the Affiliate with whom there is a problem.
- Identification
and description of the nature of the problem.
- The
address, telephone number, or e-mail address of the
complaining party.
- A
statement, under penalty of perjury, that the
information in the notification is accurate.
Standard
and Private-Label Resellers who sign up customers to
become members of UKHOSTWAY are subject to the following
additional terms:
The
Reseller agrees, on behalf of both the Reseller and each
customer signed up by the Reseller, to comply with the UKHOSTWAY
Terms of Service.
In
the event that a Reseller or a Reseller's customer is
determined to be in violation of the Terms of Service,
the Reseller shall, upon receipt of notice of the
violation, take prompt action to ensure that the account
in question is updated to be in full compliance with the
Terms of Service.
UKHOSTWAY
is not responsible for the actions or misrepresentations
of Resellers. The Reseller hereby agrees to indemnify UKHOSTWAY
from and against any and all claims made by any customer
which result from the Reseller's misrepresentation,
breach of the Terms of Service or other improper actions
by the Reseller.
UKHOSTWAY
reserves the right to revise its Standard and
Private-Label Reseller Programs and the Terms of Service
at any time. Changes shall take effect when posted to
this Web site.
Customers
who have been signed up by Resellers agree to operate
their Web sites in accordance with the Terms of Service.
Resellers
cannot make any modifications to the UKHOSTWAY Terms of
Service. Any such alterations shall be deemed a
violation of the Terms of Service and could result in a
cancellation of a Reseller's account(s). UKHOSTWAY is
not responsible for any modifications made to the Terms
of Service by Resellers.
Resellers
in the Standard Reseller Program assume all
responsibility for billing and technical support for
each of their customers. UKHOSTWAY reserves the right to
refuse inquiries made to technical support from the
customers of Resellers in the Standard Reseller Program.
If
you witness a violation of these Terms, please notify us
at abuse@UKHOSTWAY.COM.
Complaints may be investigated by UKHOSTWAY but UKHOSTWAY
is under no obligation to act or not act with regards to
any complaint. Any action taken will be at the sole
discretion of UKHOSTWAY. Notice of violations of these
Terms should be directed to:
Sending
unsolicited commercial or bulk e-mail or any other
method of distributing electronic messages to recipients
who have not requested them, otherwise known as
"spam" from our servers, or sending such
e-mail with a UKHOSTWAY-hosted Web site listed as the
contact address, or any use of UKHOSTWAY's services or
systems associated in any way with such mailings is
strictly forbidden. UKHOSTWAY will immediately
terminate, without any warning, the account of any
customer who conducts these activities. UKHOSTWAY also
reserve the right to remove customers who send mass/spam
news postings, as well as any accounts advertising or
distributing software or services that may contribute to
news or e-mail spamming. UKHOSTWAY reserves the right to
report such violations to the proper government
authorities, as well as Internet service providers, and
Internet control organizations, including, but not
limited to, UUNet and Navisite. To report spam,
please forward the spam with all original headers to
abuse@UKHOSTWAY.COM.
UKHOSTWAY prohibits all scripts that automatically
update a links listing and are submitted to by automated
programs, either by design or by use. Use of these
scripts is grounds for termination of your UKHOSTWAY
account without any prior notice.
It is a violation of these Terms for you to misuse or
fraudulently use credit cards, charge cards, electronic
funds transfers, and/or electronic checks. A
determination of such misuse or fraudulent use shall be
in UKHOSTWAY's sole discretion. Further, UKHOSTWAY shall
report, and you shall waive all rights to privacy, to
the extent permitted by law, all such misuses and
fraudulent uses as determined by UKHOSTWAY in its sole
discretion to appropriate government authorities, credit
reporting services, financial institutions and credit
card companies.
It is a violation of these Terms for you to attempt to
breach or to breach the security or firewall systems of UKHOSTWAY,
its Internet access provider, or its Affiliates. If you
become aware of such an attempt to breach or actual
breach, please notify us at
abuse@UKHOSTWAY.COM.
Complaints may be investigated by UKHOSTWAY but UKHOSTWAY
is under no obligation to act or not act with regards to
any complaint. Any action taken on a complaint will be
at the sole discretion of UKHOSTWAY. Notice of attempts
to breach or actual breaches of such security or
firewall systems should be directed to:
Notices of such problems should contain the following
information:
- Identification
of the security or firewall system that complainant
believes was breached or on which a breach was
attempted.
- Identification
of the individual or entity who has attempted to or
actually committed the breach.
- Identification
and description of the nature of the attempted or
actual breach.
- The
address, telephone number, or e-mail address of the
complaining party.
- A
statement, under penalty of perjury, that the
information in the notification is accurate.
UKHOSTWAY
and Affiliates shall not have any obligation to refund
payments made by customers terminated for violating
these Terms.
UKHOSTWAY reserves the right to terminate in its sole
discretion any UKHOSTWAY's Web site because of the
traffic or bandwidth requirement of such Web site
exceeds the limitations for Bandwidth usage set forth
below or in the event such website's usage creates other
operational or technological problems.
Data
transfer is limited to a monthly maximum dictated by
your level of plan and additional purchases. In the
event that you exceed your bandwidth limitation, you may
be contacted by support and given an opportunity to
expand your bandwidth limitation.
In
the event that you fail to respond to such e-mail
contact and UKHOSTWAY determines that you have exceeded
such usage during any given month, UKHOSTWAY reserves
the right to suspend visitor access to the account until
the next calendar month OR upgrade your plan to the next
higher plan level that is sufficient to satisfy your
Bandwidth usage during the month in which you exceeded
such limit. Thereafter, your monthly plan fee would be
revised accordingly to the posted monthly for such plan
level. Any amounts payable by You in connection with
your plan shall be payable in U.S. currency. Your
failure to pay any required fees or charges may result
in termination of your UKHOSTWAY plan.
If
you witness a violation of these Terms, please notify us
at abuse@UKHOSTWAY.COM.
Complaints may be investigated by UKHOSTWAY but UKHOSTWAY
is under no obligation to act or not act with regards to
any complaint. Any action taken will be at the sole
discretion of UKHOSTWAY. Notice of violations of these
Terms should be directed to:
Notices of such problems should contain the following
information:
- Identification
of the individual or entity which complainant
believes has violated these Terms.
- Identification
and description of the nature of the violation.
- The
address, telephone number, or e-mail address of the
complaining party.
- A
statement, under penalty of perjury, that the
information in the notification is accurate.
It
is UKHOSTWAY's policy to protect the intellectual
property rights of others and to act expeditiously upon
notice of claimed infringement, to investigate and to
take appropriate actions. UKHOSTWAY will terminate all
customers and users who are repeat infringers of
intellectual property laws.
It
is also UKHOSTWAY's policy to protect its own
intellectual property rights. Any infringement of UKHOSTWAY's
intellectual property rights will result in immediate
termination by UKHOSTWAY of the infringing UKHOSTWAY's
contract. However, UKHOSTWAY will permit fair use of its
trademarks.
Upon
receipt of notices complying or substantially complying
with the Digital Millennium Copyright Act, UKHOSTWAY
will act expeditiously to remove or disable access to
any material claimed to be a copyright infringement.
Notices of copyright infringement should be directed to:
Notices of copyright infringement should contain the
following information:
- A
physical or electronic signature of a person
authorized to act on behalf of the copyright owner
that is allegedly infringed.
- Identification
of the copyrighted work claimed to have been
infringed.
- Identification
of the material that is claimed to be infringing or
to be the subject of infringing activity.
- The
address, telephone number, or e-mail address of the
complaining party.
- A
statement that the complaining party has a good
faith belief that use of the material in the manner
complained of is not authorized by the copyright
owner, its agent, or the law.
- A
statement, under penalty of perjury, that the
information in the notification is accurate, and
that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is
allegedly infringed.
When
UKHOSTWAY removes or disables access to any material
claimed to be a copyright infringement, UKHOSTWAY may
attempt to contact the user or customer who has posted
such material in order to give that user or customer an
opportunity to respond to the notification, although UKHOSTWAY
makes no promise to do so. Any and all counter
notifications submitted by the user or customer will be
furnished to the complaining party. UKHOSTWAY will give
the complaining party an opportunity to seek judicial
relief in accordance with the DMCA before UKHOSTWAY
replaces or restores access to any material as a result
of any counter notification.
YOU
AGREE THAT ALL ACCESS AND USE OF UKHOSTWAY AND THE
CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL UKHOSTWAY
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS
OR USE
(i)
UKHOSTWAY.COM AND/OR ITS CONTENT,
(ii)
ANY TOOLS OR SERVICES ON UKHOSTWAY.COM,
(iii)
ANY CUSTOMER WEBSITE OR ANY CONTENT ON SUCH WEBSITES, OR
OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE,
SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT
CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO
WHICH SUCH WEBSITES ARE "UP" OR ARE AVAILABLE
FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO
STOP USING UKHOSTWAY.
UKHOSTWAY
AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO
WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. ALL CUSTOMERs ACKNOWLEDGE THAT ANY
WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT
AND/OR SERVICE AVAILABLE THROUGH UKHOSTWAY IS PROVIDED
SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT
PRODUCT AND/OR SERVICE, AND NOT BY UKHOSTWAY.
If
any provision of these Terms should, for any reason, be
held invalid or unenforceable in any respect, the
remainder of these Terms shall be enforced to the full
extent permitted by law. A court of competent
jurisdiction is hereby empowered to modify the invalid
or unenforceable provision to make it valid and
enforceable.
These
Terms shall bind and benefit the successors and heirs of
the parties.
By visiting this Web site and/or using or purchasing
goods and/or services from or through this Web site, you
consent to the United Kingdom having jurisdiction over
you.
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