He/She who who wishes any Internet Hosting and/or Co-location services with ‘BlurryFox’ must read and agree to the following. The Web Server Internet account and related electronic services can only be used for legal purposes under all United Kingdom laws.
2.RELATIONSHIP BETWEEN ‘BlurryFox’ AND CLIENT
- ‘BlurryFox’ will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
- CLIENT’s rights and privileges can not be sold or transferred without the written consent and approval from ‘BlurryFox’ thirty (30) days in advance.
- This contract represents the complete understanding between CLIENT and ‘BlurryFox’. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party.
- CLIENT agrees not to harm ‘BlurryFox’, its reputation, computer systems, programming and/or other CLIENTS using ‘BlurryFox’s’ services.
3.INTERRUPTIONS IN SERVICE
‘BlurryFox’ is not liable for any errors or interruption in service, whether within or outside of ‘BlurryFox’s reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold ‘BlurryFox’ free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by ‘BlurryFox’ or by third-party providers, or because of power interruptions or other causes.
4. PASSWORD PROTECTION
CLIENT is responsible for protecting CLIENT’S password and for any authorized or unauthorized use made of CLIENT’s password. CLIENT will not use or permit anyone to use ‘BlurryFox’s’ service to guess passwords or to access other systems or networks without authorization. ‘BlurryFox’ wilfully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.
5. IP ADDRESSES
CLIENT must return to ‘BlurryFox’ all IP addresses issued by ‘BlurryFox’ to CLIENT if CLIENT discontinues service with ‘BlurryFox’ or if ‘BlurryFox’ discontinues service.
6. INTERNET ETIQUETTE
CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will comply with the rules appropriate to any network to which ‘BlurryFox’ may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libellous, tortuous, or likely to result in retaliation against ‘BlurryFox’ by offended users. ‘BlurryFox’ reserves the right to refuse or terminate service at any time. CLIENT will indemnify ‘BlurryFox’ and hold ‘BlurryFox’ harmless from any damage to ‘BlurryFox’s’ business, service, equipment, network(s) operations, or reputation resulting from CLIENT’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other sort. ‘BlurryFox’ services may not be used for illegal purposes, or in support of illegal activities. ‘BlurryFox’ reserves the right to cooperate with legal authorities and/or third parties in the investigation of any suspected illegal activities. These “activities” include, but are not limited to:
- Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
- Eliciting verbal, physical or psycholigcal harm to individuals or groups including harrasement and threats.
- Accessing or attempts to access accounts of others customers or clients on ‘BlurryFox’ or another third party.
- Attempting to obtain unauthorised access to a system or systems both internally and a third party “hacking” whether or not the intrusion results in corruption or loss of data.
- Distributing viruses to or from ‘BlurryFox’ systems.
- Attempting or inflicting damage upon another network or individual resulting in or for the purposes of Denial of Service (DoS attack).
7. UNSOLICITED COMMERCIAL EMAIL
The ‘BlurryFox’ network(s) may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of ‘BlurryFox’ may not use, or permit others to use, the ‘BlurryFox’ network(s)to send UCE. ‘BlurryFox’ will not host, or permit hosting of sites or information that is advertised by UCE from other networks. ‘BlurryFox’ will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on ‘BlurryFox’s’ network. CLIENTS that transact UCE are in breach of this contract. Every reasonable attempt will be made to contact the CLIENT and allow them to resolve the problem or complaint before taking action. ‘BlurryFox’ reserves the right to place a temporary block in the event the CLIENT is unreachable, or is unable to stop the UCE. CLIENT will constitute this contract as “fair warning” as to ‘BlurryFox’s’ strict “NO SPAM” policy. ‘BlurryFox’ reserves the right to terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT is in violation of “NO SPAM” policy. Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient’s e-mail address. ‘BlurryFox’ will also fine the individual £500.00 per SPAM incident.
8.WARRANTY AND ASSUMPTION OF RISK
CLIENT uses ‘BlurryFox’ services at CLIENT’s own risk. ‘BlurryFox’ makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. ‘BlurryFox’ shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. ‘BlurryFox’ has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT’s web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
9. TERM OF CONTRACT, TERMINATION, AND RENEWAL
- All contracts are on a month to month or a year to year basis. CLIENT shall pay ‘BlurryFox’ annual recurring fees (hereinafter “Recurring Fees”), plus charges for bandwidth usage incurred in excess of agreed limits, as outlined on invoice (see invoice). Excess bandwidth charges will be billed monthly. Pre-payment of annual recurring fees is due by the time stated on ‘BlurryFox’s’ invoice. Amounts past due may result in the termination of CLIENT’s account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees, and governmental charges. ‘BlurryFox’ may change prices upon 90 days prior written notice either by e-mail or postal correspondence.
- ‘BlurryFox’ has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains adult or child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT’s third-party. CLIENTS who provide the above-mentioned illegal content are in breach of the contract. ‘BlurryFox’ may terminate service without notice and without any refunds of CLIENT’s unused pre-paid portion of funds.
- All cancellations by CLIENT of service or changes in service must be in writing to ‘BlurryFox’.
- If CLIENT breaches any part of this contract and ‘BlurryFox’ has to engage the services of an attorney, the CLIENT will pay any and all of ‘BlurryFox’s’ reasonable attorney fees and court costs.
10. LIMITATION OF LIABILITY
In no event shall ‘BlurryFox’ or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if ‘BlurryFox’ has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless ‘BlurryFox’ from and against any all claims, costs, expenses or liability arising out of CLIENT’s (inclusive CLIENT’s officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT’s web site content and/or information.
11. CHANGES TO THIS AGREEMENT
‘BlurryFox’ reserves the right to change these Terms at anytime, notification of any subsequent changes will be given to the CLIENT before the terms are updated.