Terms and Conditions
Service Agreement
This Agreement ("Agreement") is between Internet Intuitive (a division of ADB Internet Services Limited), and the Customers of our Services.
The Customer is deemed to have read and agreed to this Agreement, when commencing use of any of Internet Intuitive's services.
For good and valuable consideration, the parties agree as follows:
1. SERVICES
Subject to the terms and conditions of this Agreement, Internet Intuitive will provide to the Customer the Web hosting and/or related services described in the plan selected by the Customer from Internet Intuitive then published list of services offered from time to time ("Services"). The specific plan of Services to be provided initially to the Customer shall be as selected in the Order and thereafter as established through correspondence between the Customer and Internet Intuitive.
2. TERM
The initial term of this Agreement shall be as stated in the Order ("Initial Term"). The Initial Term shall begin upon commencement of Service to the Customer, provided, however, no Service shall commence unless and until Internet Intuitive receives and accepts a completed Order from the Customer, plus payment in full for Services to be rendered during the Initial Term and any set-up charges.
Internet Intuitive reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by Internet Intuitive. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or cancelled by either party only as provided in Paragraph 9 below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term".
3. FEES AND PAYMENT
All fees for Services rendered or provided to the Customer shall be in accordance with Internet Intuitive pricelist then in effect, the terms of which are incorporated herein by reference. A pricelist setting forth Internet Intuitive current rates for Services is available on the website.
Internet Intuitive may, with 30 days notice to the Customer, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.
The Customer will receive an invoice by email for the charges for the basic Services rendered or provided by Internet Intuitive for such renewal period, plus any additional Services rendered or provided by Internet Intuitive to the Customer for the preceding month of the Term, and any other charges or fees then due hereunder.
Payment in full of such invoiced amount is due upon receipt of the invoice. Should payment in full of any invoice not be received by Internet Intuitive within thirty (30) days after date of invoice, Internet Intuitive may impose a debt service charge equal to two and one-half percent (2.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due Internet Intuitive remains unpaid thirty (30) days after presentation of an invoice to the Customer, Internet Intuitive, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Internet Intuitive) shall be paid by the Customer. No refunds will be given if the Customer applies for a .ltd.uk or .plc.uk domain without giving the correct Company Registration number.
4. CONTENT AND THE CUSTOMER'S RESPONSIBILITY
Internet Intuitive will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. Internet Intuitive shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.
5. NO WARRANTY
The Customer agrees to use all Internet Intuitive's Services and facilities, and any information obtained through or from Internet Intuitive, at the Customer's own risk. The Customer acknowledges and understands that neither Internet Intuitive, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. Internet Intuitive specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.
In particular, customers are responsible for backing up their sites - our hosting system includes a feature for assisting in this.
6. PROHIBITED USES
The Customer shall not use, nor permit the use by any person of, the Customer's Web space or any part thereof, including any links to other Web space, in violation of Internet Intuitive's "Usage Policy" provided herewith.
7. LIMITED LIABILITY
Under no circumstances, including negligence, shall Internet Intuitive, its officers, agents or anyone else involved in creating, producing or distributing the Service here-under be liable to the Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Internet Intuitive's records, programs or services. Internet Intuitive further shall have no responsibility whatsoever to the Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided here-under.
Notwithstanding the above, the Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate amount which the Customer paid during the twelve (12) months immediately preceding the claim or the term of this Agreement, whichever is less.
8. INDEMNIFICATION
The Customer shall defend, indemnify, save and hold Internet Intuitive harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against Internet Intuitive, its agents, its the Customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by the Customer, its agents, employees or assigns or any product distributed, offered or sold by the Customer, its agents, employees or assigns.
9. TERMINATION
This Agreement may be terminated:
- by either party, without cause, by giving the other party 30 days prior written notice;
- by Internet Intuitive, at any time, upon 20 days' prior notice if in the sole judgment of Internet Intuitive, the Customer breaches any material provision of this Agreement and has not cured same by the end of the 20 days;
- by Internet Intuitive in the event of non-payment by the Customer as provided in Paragraph 3 above; and
- by Internet Intuitive, at any time, without notice, if, in Internet Intuitive's sole judgment, the Customer is in violation of any terms or conditions of Internet Intuitive's Usage Policy.
The transfer or change of handle/tags will not take place until all outstanding payments have been received in full.
10. ADDITIONAL TERMS AND CONDITIONS
The Customer hereby acknowledges that it has received and reviewed a copy of Internet Intuitive's "Usage Policy" provided herewith and that the terms of the Usage Policy are incorporated herein by reference. Internet Intuitive reserves the right to amend this Service Agreement and the Usage Policy from time to time and the Customer shall be bound by any such amendments. the Customer shall have the obligation to periodically visit Internet Intuitive's Web site to review its Usage Policy and to make certain the Customer is in full compliance therewith. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern.
11. NOTICE
All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a notice must be in writing. All notices to Internet Intuitive shall be delivered to its address stated above or its email address as provided. All notices to the Customer shall be delivered to its mailing address or its email address as provided on the Order. The parties may change their respective address by notice delivered to the other party. All notices delivered in writing must be sent either by overnight courier or certified mail, return receipt requested. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.
12. MISCELLANEOUS
This Agreement sets forth the entire agreement between Internet Intuitive and the Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. The Customer may not transfer or assign this Agreement without Internet Intuitive's prior written consent. This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum.
ADDITIONAL TERMS AND CONDITIONS FOR DOMAIN REGISTRATION
All registrants of .UK domains are required to read (and accept) the Nominet UK Terms and Conditions. By registering a .UK domain name, you are also entering into a contract of registration with Nominet UK.
All registrants of .BIZ domains are required to read (and accept) the NeuLevel Terms and Conditions. By registering a .BIZ domain name, you are also entering into a contract of registration with NeuLevel.
ADDITIONAL TERMS AND CONDITIONS FOR DEDICATED SERVERS
Please be aware that this is a very low priced service, and support or guarantees are not built into the pricing. If you have not selected a support option you have limited support. The rules are simple. If you want us to perform a manual task we will charge you, if you use the server with care it will not crash and you will not have to pay more.
1. ACTIVITIES NOT PERMITTED
The following activities are not permitted:
- Illegal files, Pirate files, Warez, Serialz/Crackz, Any MP3 files
- Slander/Libel, Promotion of violence or terrorism, Racial/Sexual/Political discrimination.
- Spamming and/or the sending of unsolicited e-mail.
- Any other activities we deem inappropriate.
Sites of an Adult nature (for example Adult Services, Escort Services etc) may be allowed, subject to prior agreement relating to the content.
2. BACKUPS
Customers are responsible for backing up own data on the servers.
3. ROOT ACCESS | TELNET | PASSWORDS
You have full root access.
4. REBOOTS
We will reboot servers free of charge. Be very careful with starting program at reboot automatically
5. RELOAD OF SYSTEM SOFTWARE
A system reload means a complete wipe-out of all data, reformatting of hard disks and reloading of all software. If you have not requested root access and the server stops working we will reload the software free of charge. If you have root access you will be charged £250.00 for a reload.
6. TERMINATION
The service is priced as a non-refundable service and cannot be terminated by the Customer for the pre-paid period. We can terminate the service without giving a refund under the following conditions:
- We suspect that the server is being used for activities under clause 1.0
- We suspect that the server is being used for any criminal activities.
- We suspect that the Customer is overloading the network or our system could be in danger.
- We suspect that the Customer is making unauthorised use of IP numbers, netmasks or gateways
- We suspect that the Customer is engaged in sniffing, flooding, smurfing, fraggle attacks and similar.
- We consider that the Customer is consuming our time dealing with complaints and legal matters.
We may terminate the service at any time and refund the Customers the remainder of the fee excluding set-up fees.
7. IMDEMNIFICATION
We often find ourselves in situations where we have to spend time dealing with legal matters regarding services we host for others. The Customer shall indemnify us against any reasonable legal costs so occured.
The Customer agrees that we can charge the Customer for time spent and costs incurred due to the use or misuse of the server.
8. SERVER ACCESS
As part of our service and to maintain a stabile network we have set the following rules for accessing the Customer servers.
The rules are made in order to protect your data and your server and all the Customer servers. Due to our experience with the Bind hack we will be closely monitoring all servers and we will regularly access servers to make sure that you have not been hacked.
We will access your server under the following circumstances:
- We suspect your server has been hacked.
- If your machine has been compromised we will turn your server off until we have established if the machine can be safely protected or a complete reload of software is required.
- We are getting reports that your server is portscanning.
- You are not allowed to portscan anyone other than your own machines or network. If your server has been compromised by a hacker they usually start port scanning other servers and we then get the reports causing us to suspect your server.
- We notice an unusual high amount of data transfer.
- Once in a while we will check all the servers and monitor the most active servers as they are most likely to have illegal software or to have been hacked. We perform portscans on the servers and will investigate servers with suspicious ports open (anything over port 10000).
- We receive complaints about spamming or other violations of our Terms & Conditions.
- Spammers are rarely hackers and please be aware that we are required by our backbone carriers to police and monitor spamming strictly. If you are deliberately spamming you risk loosing your server.
- Your server has used unauthorized IP numbers/netmasks.
- Due to the high number of servers, IP density is very close. If your server is responding to IP numbers that have not been assigned to you, it will be turned off and we will remove the access to the server until further notice.
- Your server is blocking access to our servers.
- You have blocked our test machines from icmp traffic or any other traffic making it impossible for us to test your server. You must enable these ip numbers if you are using the firewall software (eg ipchains).
- $IPC -A input -s 80.254.228.0/26 -d 0/0 -j ACCEPT
- We hope that you appreciate that these rules are for your protection and are only enforced to ensure that no-one abuses the services.
ACCEPTABLE USAGE POLICY
The Internet Intuitive Usage Policy has been developed with the following objectives:
- Ensure security, reliability and privacy of Internet Intuitive's systems and network, and the networks and systems of others.
- Maintain the image and reputation of Internet Intuitive as a responsible provider.
- Preserve the value of Internet resources as a conduit for free expression.
- Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services.
- Avoid situations that may cause Internet Intuitive to incur civil liability.
- Preserve the privacy and security of individual users .
We expect our the Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our the Customers are protecting the rights and privileges of all Internet users.
THE USAGE POLICY DEFINES THE ACTIONS WHICH Internet Intuitive CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO THE CUSTOMERS.
If you are unsure whether any contemplated use or activity is prohibited, please use our online forms and we will assist you. Please note that the activities set forth above are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Internet Intuitive, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies.
Internet Intuitive must further limit any exceptions made to the Usage Policy as secondary in regards to server and network security, performance and integrity. Any user, regardless of exception status, may have his or her service disabled if it is interfering with our servers or network.
Specific questions about this policy should be filled out on our online forms. Reports of activity in violation of this policy may be sent via registered post to our head office.
VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDIATE TERMINATION OF ALL ACCOUNTS.
- General Conduct
- Customers are prohibited from transmitting on or through any of Internet Intuitive's services, any material that is, in Internet Intuitive's sole discretion, unlawful, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.
- Internet Intuitive's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of UK regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Internet Intuitive reserves the right to remove such illegal material from its servers.
- Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.
- Customers are responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
- Security
- Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks.
- Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
- Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
- Customers must safeguard their account passwords to prevent unauthorized access to their account.
- Users who violate systems or network security may incur criminal or civil liability. Internet Intuitive will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
- Internet Intuitive reserve the right to access servers/accounts within their network if they believe the terms and conditions of use are not being followed.
- Email
- Harassment, whether through language, frequency, or size of messages, is prohibited.
- Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.
- Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
- Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
- Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
- Forging of header or any other information is not permitted.
- Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
- Internet Intuitive accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
- These rules apply to other types of Internet-based distribution mediums as well. USENET postings have their own regulations; see below.
- Email Attachments
- Due to their use predominantly as virus payloads, emails containing the following attachments will be rejected:
bat chm cmd com cpl crt eml exe hlp hta inf isp jse lnk pcd pif reg scr sct shs url vbs vbe ws
Should you genuinely need to receive an attachment of one of these filetypes, the sender should ZIP the file before sending.
- Due to their use predominantly as virus payloads, emails containing the following attachments will be rejected:
- USENET (News)
- Internet Intuitive is not responsible for the content of any USENET posting, whether or not the posting was made by a Internet Intuitive the Customer.
- Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.
- Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam").
- Customers are prohibited from posting binary files to newsgroups not specifically named for that purpose.
- Customers are prohibited from cancelling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.
- Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
- Customer may not solicit mail for any other address, other than that of the Customer's Internet Intuitive account or service, with the intent to harass or collect replies after Internet Intuitive's service has been terminated.
- IRC (Internet Relay Chat)
- Internet Intuitive is not liable for the content of any communications made on IRC.
- IRC robots ("bots" or "clones") or IRC sessions may not be run from Internet Intuitive's server accounts.
- Customers may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.
- Customers are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. the Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to fill the screens of others), "flashing" (disrupting terminal emulation), "takeovers" (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via "ignore"), attempting to return to a channel after being banned from it, and other disruptive behaviours.
- General Uses
- Customers may not permit the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the Customer's own account.
- Customers may not employ posts or programs that consume excessive CPU time or storage space. Internet Intuitive reserves the right to kill off CPU intensive process.
- Material and Product Requirements
- Customers must ensure that all material and data placed on Internet Intuitive's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on Internet Intuitive's part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer's material is not "server-ready", we have the option at any time to reject this material. Internet Intuitive will notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Internet Intuitive.
- Use of Internet Intuitive's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer's Web space. Customers must have the necessary knowledge to create and maintain a Web space. It is not the responsibility of Internet Intuitive to provide this knowledge or the Customer support outside of the service defined in the Service Agreement.
- Privacy
- Internet Intuitive will not sell or knowingly disclose its the Customer lists or the Customer email or listserv address lists. We will attempt to protect the privacy of our the Customers and their information that is stored on our network. Internet Intuitive will only access and disclose information as necessary to comply with applicable laws and government requests, to operate and maintain our systems and services, or to protect ourselves or our the Customers.
- Internet Intuitive will not monitor or disclose a the Customer's private email messages unless required by court order or law. We will cooperate with the authorities and will notify such authorities if it suspects that a the Customer is engaged in illegal activities.
TRADEMARK ABUSE
Before you sign up for any domain name with us, you must explicitly assert that to your knowledge you are not abusing any trademark or other statutes. If in doubt seek legal advice.
DISPUTE RESOLUTION
Internet Intuitive is not part of a dispute between a trademark owner and a Registrant. We cannot arbitrate between two disputing parties. Procedures for disputes are already in place, please link to these pages.