PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
BY VISITING, BROWSING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Open Source Matters ("Open Source Matters"),
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1.1 Client means person, firm or company that purchases or agrees to purchase goods or services from the company.
1.2 Company means Open Source Matters.
1.3 Goods or Services means the item supplied by the company as specified on the order form.
1.4 Contract means a contract for the supply of goods and services by Open Source Matters.
2. Terms & Conditions
2.1 These terms and conditions apply to all contracts for the sale and supply of goods and services by Open Source Matters to the exclusion of all other terms and conditions which the client may purport to apply.
2.2 By completing the company order form, orders by the mode of telephone or logging into your account / 's uploading files via ftp, use of email the client will be deemed to have accepted and agreed to these terms and conditions setforth.
2.3 Any variation of the terms and conditions shall be inapplicable unless agreed only in writing by the company.
2.4 We the company reserve the right to amend and update these terms and conditions at anytime without notice.
3.1 The company agrees to provide the service to the client to the extent described in the client agreement from and according to the terms and conditions of this contract. The service level shall be deemed incorporated in to this contract.
3.2 If the client's bandwidth or processor usage reaches the point where it has an adverse affect on other clients we the company reserve the right to disable services until you can reduce your usage.
3.3 Each account includes a set amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at a the rate of £8 per 1Gb of usage.
3.4 The company cannot guarantee any level of service, although any problems will be solve as soon as possible.
4. Price & Payment
4.0 All bills and invoices are sent via email.
4.1 Payment by the client will be either on a yearly basis.
4.2 Payment is due each anniversary year following the date the account was established. Clients will automatically be charged again at the end of their period unless closure notification has already been given.
4.3 Payment on a yearly basis will be by standing order after the first initial payment made by credit card.
4.4 The company reserves the right to vary the amount payable (yearly) from time to time, however we will give you 30 days prior written notice of any such variation.
4.5 We do not offer any form of credit to clients.
4.6 If the client's service or account is activated before payment is made then payment must be sent in full.
4.7 If payment is not made and received in full within 7 days from the completion of the agreement all technical support for the site will be revoked. If payment is still not made in the following 7-day period the client's account will be deleted from out servers and all DNS services will stop.
4.8 Any returned cheques to clients will incur an administration fee of £35.00GBP.
4.9 The company has no obligation to carry out any work until full payment in advance has been received in clear funds.
4.10 At all times the Client must specify a communications address, which should be an email address, if available, or a mailing address to which we may send all invoices, notices or other forms of communication, (particularly in an emergency). Should the Client fail to notify us immediately of any change in particulars then we shall not be liable for any loss to the Client arising from any such failure.
4.11 If the renewal is not paid when it becomes due, on or before the last day of the client's account year and at least 2 requests for payment have been sent out to the client's last notified communications address, then the account will be closed and the domain will be deleted from our servers.
5.1 The initial term of this contract shall be the period described in the above and shall commence on the date of acceptance by the client. Thereafter the contract will continue on a monthly or yearly basis unless terminated according to the provisions below.
5.2 All account cancellations must be done in writing, with at least 14 days notice. Notifications must include user name, principal contract name with valid signature and reason for cancellation. Third party cancellations are not accepted.
5.3 We the company reserve the right to cancel your account at anytime without notice.
5.4 When your account is closed whether by 5.2, 5.4, 7.7 or any sections under 9.0, all files will be deleted.
5.5 Any attempt to use the Control Panel for purposes other than its intended use will result in your account being. terminated.
5.6 Any improper use by the client under any sections under 9.0 will result in immediate termination of the Company's service.
5.7 If a client has ordered a service on an annual subscription the company expect the client to commit for this period of time. If the client wishes to cancel or breaks any of the terms and conditions and their account is cancelled within this service period, we the company will not make any refunds for any unused portions of the client's account. Whilst the company does not offer refunds the client have no obligation to continue using our service.
6. Company's Liability
6.1 In no circumstances whatsoever will the company be liable for economic, indirect or consequential loss arising from delays or service interruptions.
6.2 The company will not be responsible for loss occasioned by computer viruses, whether introduced by the Company's software or otherwise.
6.3 To protect your privacy we will not distribute your name or e-mail address to any third party.
6.4 We the company reserve the right to remove material deemed inappropriate from your web pages, without prior notice. Open Source Matters do not allow Warez, Illegal MP3 websites, porn on their servers.
6.5 We the company shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services.
6.6 Whilst the company shall expeditiously seek domain registration, the company shall not be liable in the event of the domain having been registered by some other person by the time the company seeks registration in which event a full refund will be paid to the client without any other liability on the part of the company for loss by the client.
7. Client's Liability
7.1 It is the client's responsibility to carry out computer virus precautions.
7.2 Data stored on our servers is backed up. It is the responsibility of the client to keep independent backup files of important data. We the company cannot be held responsible for any loss incurred from the client's inability to backup any files.
7.3 Telnet shell accounts are made available for editing and setting up your website. It is not a development platform for issues unrelated to your website.
7.4 Clients must not leave their home directory at anytime
7.5 Clients must not attempt to gain the privileges of another user.
7.6 Any interference with the following files will result in your telnet access being removed -.bash_history - .bash_logout - .bash_profile - .bashvc
7.7 Clients may have commercial use of web and ftp space. This privilege must not be abused. If the company believes that this or any other facilities have been abused by the client, this will result in an immediate termination of their account.
7.8 Clients will be responsible for the content of their page/s including obtaining the legal permission for any works they include and ensuring that the contents of their page/s do not violate UK or any other laws that are applicable.
7.9 The clients will be responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via their page/s
7.10 When seeking domain registration, the client will be responsible when placing an order to ensure that the domain has not been registered by some other person.
8. Password Security
8.1 The client will be given a login account, which is for personal use only. Clients must not divulge their password to any other people.
8.2 The client shall taken reasonable precautions to ensure that it is not discovered by other people.
8.3 The company reserves the right to change the password in the event of any suspected security breach.
9. Improper Use
9.1 The company's service may only be used for lawful purposes by the client.
9.2 Any breach of 7.9 shall be deemed a material breach of this contract and shall entitle the company to terminate the contract irrelevant whether the client is aware of the content of any material so transmitted or not.
9.3 We the company do not allow warez, illegal MP3, porn sites or IRC Bots.
9.4 Clients may not store more data in their account than their allotted quota.
9.5 Clients may not run server processes, such as talkers or IRC Bots from their login account.
9.6 Clients must not participate in any form of unsolicited bulk e-mailing or spam.
9.7 Any breach of the above provisions will result in an immediate withdraw of service provided by the company.
10.1 Open Source Matters collects various information from clients for billing and administrative purposes only. You consent to the transmission and safe storage of such information for the purpose of administering your account.
10.2 Personal information will not ordinarily be made available to any third parties. However, we may provide your personal data to governmental or law enforcement agencies and other third parties with a legitimate reason for requesting the information.
11. Warranties And Indemnity: 11.1 Open Source Matters make no warranties of any kind, neither express nor implied.
We shall not be liable, in contract, tort (including negligence) or otherwise for:
11.2 Any loss of use or loss of data.
11.3 Any loss of profit, business, contracts, revenues, or anticipated savings.
11.4 Any punitive, special, indirect, incidental, consequential or similar damages of any nature whatsoever, whether foreseeable or not, resulting from any act or omission on our part or any other person authorised by us in supplying our services.
11.5 The client agrees to indemnify and hold harmless the company from any claims, losses, liabilities and expenses (including legal fees , legal costs and expenses) resulting from the provision of Services by us to You and your use of the Services and the Server including, 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 your breach or non-observance of this Agreement.
12. Disclaimer of Warranties.
12.1 You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is", "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
ACCEPTANCE OF AGREEMENT.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT., GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.