Quality Web Hosting and Internet Services provided by Magic Box Internet

IMPORTANT NOTICE

All Users of services provided by Magic Box Internet, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.

NOTE: Spamming, or the sending of unsolicited email, from a Magic Box Internet server or using an email address that is maintained on a Magic Box Internet machine is STRICTLY PROHIBITED.

1. Provision of Service

1.1 This contract covers the provision of service by Magic Box Internet to the customer. It supersedes and takes precedence over any previous written or oral representations given or made by the company or any representatives of the company. In agreeing to the provision of the services, the customer is deemed to have read and understood these terms and conditions.
1.2 Any date proposed either by the customer or Magic Box Internet for the provision of services to be treated as an estimate only and Magic Box Internet accepts no liability for any failure to meet it.
1.3 Unless Magic Box Internet receive a notice in writing from the customer terminating this contract at any time prior to the renewal date, the customer will be deemed to renew the contract at the end of the twelve month period and be subject to the terms and conditions referred to herein.
1.4 Magic Box Internet reserve the right to alter or amend its terms and conditions by giving seven days' prior notice to the customer. Notice will be deemed to have been given by Magic Box Internet by displaying the notice on the web site of which can be found at http://www.magicbox.co.uk/pages/terms.htm
1.5 Not withstanding the above, the customer will grant Magic Box Internet permission to deduct any funds due at the date of renewal from previously supplied credit card information.

2. DEFINITIONS

"Services" means domain name registration, web site hosting, email and any other service or facility provided by us to you. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.

3. DOMAIN NAME REGISTRATION - IMPORTANT Please also see Nominet UK's Terms and Conditions at http://www.nominet.org.uk/nominet-terms.html

3.1 We make no representation that the domain name you wish to register is capable of being registered by or for you. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk;

3.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name;

3.3 We shall have no liability in respect of the use by you of any domain name. Any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute;

3.4 We shall not release or allow others to transfer any domain to another service provider or other third party unless full payment for that domain and any other outstanding charges for services and transfer have been received by us; Magic Box Internet reserve the right to charge a fee to cover the cost of administration required for domain transfer to another service provider or other third party. This shall not be greater than £25.00 including VAT per domain.

4. WEB SITE HOSTING and EMAIL

4.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server;

4.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server;

4.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that;

4.3.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so;

4.3.2 You will not post, link to or transmit

(a) Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program;

(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction;

4.3.3 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information;

4.3.4 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers;

4.3.5 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner;

4.3.6 Any access to other networks connected to Magic Box Internet must comply with the rules appropriate for those other networks

4.4 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email;

4.5 Within the standard domain registration package we will undertake to setup, free of charge, email forwarding or one pop3 mail account, together with web forwarding. Any changes to these details must be requested in the form of an email. The estimated time to implement these changes will be 24 hours from receipt of any such email request. Post-registration update requests may be subject to an administration charge.

4.6 The customer is entitled in this contract to transfer a maximum of one Gigabytes of data per month without incurring any additional charges. Any transfer in excess of this figure will result in a charge of £5 per 100 Megabytes or any part of it of data transferred per month. Payment is expected within 7 days. Failure to pay any excess charge will result in termination of this account

5. RESELLER TERMS AND CONDITIONS

5.1 If you are or become a reseller of our Services you will continue to be bound by these terms and conditions; you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these;

5.2 You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us;

5.3 No default by your customers shall in any way affect, modify or limit your obligations under this Agreement;

6. SERVICE AVAILABILITY

6.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the server;

6.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason;

6.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately;

7. PAYMENT

7.1 All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25;

7.2 Credit Card Payments - Visa and Mastercard payments accepted. Any rejected Credit Card payment shall incur a cost of £5.00 per rejected payment.

7.3 All charges payable by you for the Services shall be in accordance with the scale of charges arid rates published from time to time by us on our web site and shall be due and payable in advance of our service provision, or as indicated on the invoice. Charges are exclusive of 'Value Added Tax' which shall be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice;

7.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. A reconnection charge of £25 + VAT will apply to all lapsed accounts.

8. INTELLECTUAL PROPERTY RIGHTS

You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name; Intellectual property rights for all coding, programming, design, inventions and ideas created by Magic Box Internet remain the sole property of Magic Box Internet unless specifically agreed otherwise in writing.

9. COPYRIGHT

You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any material that is subject to copyright through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name; Magic Box Internet retain copyright of any artwork, coding, programming, design, inventions and ideas created by Magic Box Internet unless specifically agreed otherwise in writing;

10. INDEMNITY

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party 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;

11. TERMINATION

Termination by Magic Box Internet

Without in any way limiting our rights under subclause 5.3

11.1 if you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you;

11.2 if you break any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, we may terminate this Agreement forthwith without written notice;

11.3 if you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you;

11.4 on termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit;

Termination of the contract by the customer

The customer can terminate this contract at any time by email or in writing to the following address: Magic Box Internet, 3 Buckles Close, Charlton Kings, Cheltenham, Glos GL53 8QT. In an event of the customer so terminating this contract, the customer will be entitled if they so wish to continue with the contract until the expiration of the contract period or alternatively the customer may request the immediate termination of the contract. In either case, the customer will not be entitled to a refund of any monies paid under this contract.

12. LIMITATION OF LIABILITY

12.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to clause 10;

12.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence;

12.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim;

12.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising;

12.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever;

13. FORCE MAJEURE

Magic Box Internet is not liable for any breach of this contract if the breach was caused by an act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts of omissions of government, highway authority or other competent authority, Magic Box Internet's compliance with any statutory obligation, industrial disputes of any kind (whether or not involving Magic Box Internet employees), fire, lightning, explosion, flood, subsidence, weather of exceptional severity, acts of omission of persons whom Magic Box Internet is not responsible (including in particular other telecommunication service providers), or any other cause whether similar or dissimilar outside Magic Box Internet's reasonable control.

14. NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting;

15. LAW

This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

16. HEADINGS

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

17. ENTIRE AGREEMENT

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.