Terms of Service

The short version:

We’ll do everything we can to keep the servers and your sites running, but won’t be held responsibile for any damage to your website should WWIII occur.

If you spam via our e-mail server, host adult matieral, promote hate or violence, use scripts that send our resources loopy, then we’ll boot you off without warning.

The long version:

Definitions:

In the following terms and conditions unless the context otherwise requires: “we” “us” means britecorp; “you” “user” means you the customer or any person who makes use of the services through you or on your behalf; “services” means web hosting, domain name registration and or any other facility or service provided by britecorp to you. “the registrant” means the person applying for a domain name or any party acting on behalf of a registrants instructions. “web site” means the area on the server allocated by us to you for use by you as a site on the internet. “the registry” means the relevant domain names registry. All users of services provided by britecorp, by use of such services, accept the terms and conditions which follow, irrespective of the mode or manner of ordering employed by the user when ordering the services.

1. Web Hosting and Email

1.1. 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, disruption or damage to any data stored on the server.

1.2. You shall effect and maintain adequate backup and insurance cover in respect of any loss, disruption or damage to data stored on the server.

1.3 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:

1.3.1 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.

1.3.2 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.

1.3.3 you will not send bulk email unless the list is built by you personally and double opt-in. Nor will you promote a site hosted on our network using bulk email.

1.4 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.

1.5 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.

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

1.7 In the case of an individual user, you warrant that you are at least 18 years of age and if the user is a company, you warrant that the services will not be used by anyone under the age of 18 years.

1.8 Any access to other networks connected to britecorp must comply with the rules appropriate for those other networks.

1.9 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 or any of our services as a result.

1.10 In the case where an upgrade to services or space is applied for, we do not warrant that we will be able to upgrade all customers or to be able to add additional services. We also reserve the right to deny upgrades and to remove services without notice.

1.11 you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.

1.12 any file you store on the server will be reachable via a hyperlink from a page on your site.

1.13 We reserve the right to remove any material which we deem inappropriate from your web site without notice, this also includes any websites which provide “links to” or “how to” information about any such material. We do not host illegal MP3, Emulators, Roms, Warez or Adult content.

1.14 It is the sole responsibility of you the user to provide us britecorp with up to date contact details and to inform us britecorp of any renewals concerning any of our services.

2. Payment and Charges

2.1 All charges payable by you for the services shall be in accordance with the scale of charges and rates published from time to time by us on our web site or on the order form (where stated) and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time.

2.2 All payments must be in UK Pounds Sterling.

2.3 If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25.

2.4 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 or remove the provision of services to you.

2.5 Namenet reserves the right to take legal action regarding outstanding payments.

2.6 Businesses within the EU member states with exception of the UK can be VAT zero rated if britecorp are supplied with a valid VAT registration number.

2.7 If after registration of a US domain name you wish to alter the owners name or email address you will be charged a one years renewal fee. This is a fee imposed on us by the Registry concerned and not a fee that britecorp imposes.

3. Indemnity

3.1 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.

4. Limitation of Liability

4.1 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.

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

4.3 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.

4.4 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 subclause 5.5

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

4.6. britecorp cannot be held accountable for the content of your website or any other material or information of whatever nature dispersed or accessed through our service.

4.7 britecorp undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.

4.8 We shall take reasonable measures to endeavour to maintain our services, but you will not be eligible for any compensation because of any loss or unavailability of any services we provide. We reserve the right to change any services at any time.

4.9 We shall not be held responsible or accountable in any way for any loss however caused resulting from any suspension or unavailability of any of our services.

5. Termination

5.1 If payment is not received by britecorp for any of our services, or you break these terms and conditions in anyway we may suspend the services and/or terminate this agreement forthwith without notice to you.

5.2 You may cancel any of our services at any time, you are not entitled to a refund for any unused months of any of the services provided by us britecorp.

5.3 We reserve the right to suspend, change the services and/or terminate this agreement at any time.

5.4 On termination of this agreement or suspension of any of our services we shall be entitled immediately to block your web site and to remove all data located on it.

5.5 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 suspend the services and/or terminate this agreement forthwith without notice to you.

5.6 britecorp reserves the right to suspend or remove sites, without notice if you the user infringe the law governing, but not exhaustively covering, pornography, sex-related merchandising, trademarks, any material which is offensive, abusive, indecent, obscene or menacing; or in breach of confidence, copyright, privacy or any other rights; to cause annoyance, inconvenience or needless anxiety; or other than in conformance with the acceptable use policies of any connected networks and the Internet standards; any material which may cause offence in any way and any material containing a virus or other hostile computer program. You will use all reasonable endeavours to ensure that the britecorp service is used or includes content that conforms to the laws of this country and will not knowingly permit any illegal use or such use that will bring britecorp into disrepute.

5.6.1 britecorp may suspend or remove sites that if after due warning continues to permit such illegal or disreputable use. If britecorp suspend or remove any services we can refuse to restore any services until we receive an acceptable assurance from you that there will be no further contravention.

6. Service Availability

6.1 We shall use our reasonable endeavours to make available to you at all times the server and the services. In the event of a fault in services, you must report the fault by telephone telefax or electronic mail to britecorp technical support at the appropriate numbers or email addresses or other such numbers or email addresses that we may from time to time provide. Upon receipt of the fault report, we will take all proper steps without undue delay to correct the fault. britecorp shall not, in any event, be liable for interruptions of service or downtime 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 7 days you will be notified of the reason.

6.3 The services provided to you hereunder 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.

6.4 Connection to the britecorp service is via a fixed telecommunications link or dial up connection. This contract, unless specifically stated on the order form, does not include the provision of telecommunications services necessary for connection to the britecorp services.

6.5 britecorp will use all reasonable endeavours to adhere to any dates proposed by either britecorp or you for the provision of services, however any such date is to be treated as an estimate only and britecorp accepts no liability for failure to meet such dates

7. Notices

7.1 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 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.

8. Matters beyond britecorp’s resonable control

8.1 britecorp is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.

9. Law

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

10. Headings

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

11. Entire Agreement

11.1 These terms and conditions together with any documents expressly referred to in them, represent the totality of the 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. Any agreed variation or alteration to part of these terms and conditions as annexed to this contract will not invalidate the remainder or the whole. This agreement need not be signed. Purchase of any our services is interpreted and deemed as your acceptance of our terms and conditions herein. britecorp reserve the right to make any changes to our terms and conditions at any time, it is the responsibility of you the user to keep updated. Your statutory rights are not affected.