|
Service Terms |
| |
This site is hosted by Stukenberg Telecom, a network and information provider, offering storage, transfer and hosting services to its clients worldwide.
Client acknowledges that the Internet is neither owned nor controlled by any one entity; therefore, Stukenberg Telecom can make no guarantee that any given user shall be able to access Stukenberg Telecom's servers at any given time. Stukenberg Telecom represents that it shall make every good faith effort to ensure that its servers are available as widely as possible and with as little service interruption as possible.
Both Stukenberg Telecom and client agree as follows:
|
|
Financial |
| |
Client agrees to prepay webspace fees as agreed upon, either quarterly or annually. If annual webspace fees are chosen and the account is cancelled, Stukenberg Telecom will prorate webspace fees based on monthly fees and refund any balance owed if any. One-time Setup fees are non-refundable.
This agreement will automatically renew either every month or every year unless cancelled in writing giving 30 days written notice to Stukenberg Telecom at its corporate offices.
If client payments, cheques or charges are returned unpaid a processing fee in the amount of £20.00 will be charged. If client accounts become more than 30 days past due Stukenberg Telecom will terminate the webspace.
|
|
Products and Services offered |
| |
Stukenberg Telecom will exercise no control whatsoever over the content of the information passing through the network. Stukenberg Telecom makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Stukenberg Telecom also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the client. Use of any information obtained by way of Stukenberg Telecom is at the client's own risk, and Stukenberg Telecom specifically denies any responsibility for the accuracy or quality of information obtained through its services. Stukenberg Telecom expressly limits its damages to the client for any non-accessibility time or other down time to the pro rata monthly charge during the system unavailability. Stukenberg Telecom specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Stukenberg Telecom reserves the right to host any materials and may, at its option and at any time, reject this material, including but not limited to after it has been put on Stukenberg Telecom's server. Stukenberg Telecom agrees to notify client immediately of its refusal of the material and afford client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Stukenberg Telecom. If the client fails to modify the material, as directed by Stukenberg Telecom, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
|
|
Trademarks & Copyrights |
| |
Client warrants that it has the right to use any trademarks and servicemarks which client may chose to use in it's Internet presence.
|
|
Connectivity & Equipment |
| |
Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Stukenberg Telecom. Connection speeds represent the speed of a connection to a given point and do not represent guarantees of available end to end bandwidth. Client needs to maintain a valid Internet e-mail address and is responsible for notifying Stukenberg Telecom immediately of any changes in e-mail address.
|
|
Legal Age |
| |
Client certifies that he/she is of legal age in the state/country of his/her residence.
|
|
Internet Etiquette |
| |
Client agrees to observe the Internet etiquette policies.
Sending e-mail to unsolicited addresses is forbidden.
Anyone who practices such tactics will have their account terminated.
The network resources of Stukenberg Telecom may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Stukenberg Telecom. All messages transmitted via Stukenberg Telecom should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
Violators will have their account suspended immediately for investigation. If upon finding that there was a violation, the client's account will be terminated.
|
|
Termination |
| |
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, Stukenberg Telecom may terminate service & webspace under this Agreement at any time, without penalty, if the client fails to comply with the terms of this Agreement.
|
|
Limited Liability |
| |
Client expressly agrees that use of Stukenberg Telecom's server is at client's sole risk. Neither Stukenberg Telecom, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Stukenberg Telecom's services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Stukenberg Telecom server service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall Stukenberg Telecom, its officers, agents or any one else involved in creating, producing or distributing Stukenberg Telecom's server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Stukenberg Telecom server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Stukenberg Telecom's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Stukenberg Telecom's server service.
Notwithstanding the above, client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
|
|
Lawful Purpose |
| |
Client may only use Stukenberg Telecom's server for any lawful purpose. Transmission of any material in violation of any British or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
|
|
Indemnification |
| |
Client agrees that it shall defend, indemnify, save and hold Stukenberg Telecom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Stukenberg Telecom, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Stukenberg Telecom against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Stukenberg Telecom's servers; (ii) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which client sold on Stukenberg Telecom servers.
|
|
Reselling |
| |
No Stukenberg Telecom client is allowed to re-sell any Stukenberg Telecom service of their account/webspace to another party without our consent. This includes, but is not limited to: Web storage space, POP e-mail accounts, Autoresponders and access to the 'Clients Only Area'. Any client found to be in violation of this clause will have his/her webspace terminated immediately and will not be eligible to join Stukenberg Telecom for a period of one year.
|
|
Amendments |
| |
This Agreement may from time to time be amended by Stukenberg Telecom and any changes to Stukenberg Telecom's Terms of Service & Agreement shall become effective upon delivery to the client's email address of record. In the event of such changes client has the right to terminate this agreement without giving cause or notice.
This agreement shall be governed by the laws of the United Kingdom. Unenforceability of any provisions of this agreement shall not have any bearing on the validity of the balance of this agreement. The proper place of venue for the enforcement of this agreement shall be Brighton, England.
|
|