You are wholly responsible for any content hosted on your server or website, and the behaviour of your server, or of any program running on your server or website.
You are wholly responsible for the actions of any third party to whom you grant access to your server.
You are wholly responsible for determining the legality of all data stored or transmitted from the server both within and outside of the UK.
You are wholly responsible for insuring against all risks relating to your server while it is located with us, and to your domain, website, mailing lists, FTP archive or other service while it is hosted with us.
You are wholly responsible for all items published or transmitted from or by your server, website or other service. We will act only as a distributor of the your traffic and will not examine it in any way except for the purpose of quality assurance, accounting and routing it over the Internet.
Accounts will be invoiced on a monthly basis and payment due within 28 days of the invoice date, unless otherwise agreed and confirmed in writing by us. We may terminate the services we provide to you at any time, without notice, for violation of this agreement. You may terminate this agreement by giving us one month's notice. In the event of termination of this agreement, all IP addresses issued by us to you will remain our property, and may not be transferred to another provider.
This agreement covers all orders placed by you with us.
We will supply and install (where applicable) all hardware, software and services as ordered by you. Unless otherwise agreed in your contract with us, you are responsible for all maintenance costs relating to the server and any associated equipment while it is co-located with us.
We will provide you with physical access to the server with 48 hours notice. All visits to the co-location facility will be accompanied by a representative of Modern World Internet Ltd.
We may require re-location of the server either due to an emergency or, with 30 days notice, for good business reasons. Any re-location will be carried out to ensure minimum disruption to clients services.
We may when necessary temporarily suspend services for the purpose of repair or maintenance without notice; however, all efforts will be made to notify clients 24 hours in advance and minimize any disruption to services. Where the suspension of services has not been notified to you in advance, we will, if you have a Service Level Agreement with us, refund you according to the terms of your agreement with us.
Use of the services to commit network abuse which in any way compromises the security of our hosts or networks is prohibited and will result in temporary suspension or permanent termination of the services.
Should you be the target of network attack we reserve the right to take any action (including, but not limited to, temporary disconnection of the server) required to protect our network and return its operation to normal.
As a condition of your use of a service, you are required to abide by our AUP (Acceptable Use Policy). If you do not do so, then we have the right at our sole discretion to suspend or terminate your services without liability, notice or refund, to make an additional charge for the misuse, or to block access to the relevant part of the service.
You accept that in the event of allegations of infringement of the AUP, we may without notice or liability, suspend or interrupt your services, or remove any specific material held on our systems on your behalf pending clarification of such allegations or suspicion. In the event that a third party makes direct representation to you with regard to possible breach of this clause, you will without delay notify us of the nature and background of such representations so we may promptly carry out any actions required to mitigate any exposure or damages.
You agree to ensure that our services will not be used for any illegal activity, and to indemnify us from any liability that may arise due to such usage. Such activity will be deemed to include the publishing of any material that is obscene, threatening, defamatory or which in any way infringes the intellectual property rights of another party.
If we are notified of any alleged illegal or criminal use of your server, website or other service, we will attempt to notify you of the allegations and secure a response. We may at our sole discretion, disconnect the server, on a temporary or permanent basis. You expressly waive the right to assert any claims against us for any such removal or termination.
You are required to accept and read mail addressed to postmaster and abuse at any domains you host or manage using our services. You will be deemd to have read any and all such mail. We may take action based upon this assumption.
You may not use your account to send Unsolicited Bulk Email. You must have explicit permission from all destination addresses before you send an email in any quantity. You may not assume that you have been granted permission by passive actions such as the posting of an article to Usenet or a visit made to your web site. Where you have acquired explicit permission, either on a web site or through some other relationship you should keep a record of this permission and must cease sending email when requested to stop.
Web sites and any other Internet services you offer must not be advertised by you, or by another person, using techniques that would be classified as "abuse" if they were carried out using a service provided by us. This includes, but is not limited to, the sending of bulk unsolicited email. Under this AUP you will be deemed to be responsible for such advertising or promotion, even if carried out by a third party.
You must ensure that you do not further the sending of Unsolicited Bulk Email by others. This applies to both material that originates on your system and also third party material that might pass through it. This includes but is not limited to a prohibition on running an "open mail relay", that is, a system which accepts mail from unauthorised or unknown senders and forwards it onward to a destination outside of your machine or network. If your machine does relay mail, on an authorised basis, then it must record its passing through your system by means of an appropriate "Received" line.
As an exception to the ban on relaying and the necessity for a "Received" line, you may run an "anonymous" relay service provided that you monitor it in such a way as to detect unauthorised or excessive use.
We may, at our discretion, run manual or automatic systems to determine your compliance with our AUPs (e.g. scanning for "open mail relays"). You are deemed to have granted permission for this limited intrusion onto your network or machine.
You must not offer or distribute any of the following products or services:
We will not be liable for any loss of revenue or profits, loss of business or other consequential damages. Our liability to you is restricted to the total value of any amounts paid by the you to us in the previous 12-month period. We shall not be liable to you or deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the services if the delay or failure is due to any cause beyond our reasonable control.
We will make every reasonable effort to ensure the required equipment and services are delivered and installed in line with any agreement made between us. We will endeavour to give you as much advance warning as possible of delays or possible delays in providing such services or equipment. Delays due to a third party in providing any equipment or service shall be regarded as 'force majeure' where such delays could not have been reasonably anticipated.
We shall not be liable to you for any breach of this agreement for failing to perform any obligation where such breach or failure was the result of any Act of God, insurrection, civil disorder, war or military operations, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, national or local emergency, acts or omissions of government, highway authority or other government authority, compliance with any statutory obligation, industrial disputes of any kind, the acts or omissions of other telecommunications operators or any cause beyond our reasonable control.
This agreement will be governed and construed according to the laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the English Courts.