TERMS OF SERVICE

e-Trader provides World Wide Web page, e-mail and DNS hosting facilities.
e-Trader reserves the right to suspend or cancel a customer's access to any or all services provided by e-Trader when e-Trader decides that the account has been inappropriately used or otherwise.

SERVER USE - Accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's website. Exceptions to this include ad banners, classified ads and personal ads.
e-Trader reserves the right to refuse service and/or access to its servers to anyone.

e-Trader does not allow any of the following content to be stored on its servers:

1. Illegal Material - This includes copyrighted works, commercial audio, video, or music files and any material in violation of any EEC, National, or other Local regulation, for the avoidance of doubt this includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

2. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of e-Trader.

RESPONSIBILITY FOR CONTENT - As an e-Trader customer, you are solely responsible for the content stored on and served by your account. It is your sole responsibility to ensure that you have up to date backups of any and all data relating to your account - e-Trader can not take responsible for any loss or damage of any data.

HIGH RESOURCE USER POLICY - Resources are defined as bandwidth and/or processor utilisation, including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.

UNLIMITED USE POLICY - High band-width usage: e-Trader offers a pseudo-unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, e-Trader may find a customer to be using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, e-Trader reserves the right to impose the High Resource User Policy for the consideration of all customers.

1. "Unlimited Bandwidth/Data transfer" accounts: Accounts specifying "unlimited data transfer" allow you to transfer an unlimited amount of data to and from your website as long as this does not impact server or network resources: unless you are transferring over 200Mb of data per day (an average of over 6Gb per month), this is unlikely to happen - but this "maximum recommendation" may vary depending on network and server conditions and at e-Trader's discretion.

2. e-Trader may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available e-Trader reserves the right to suspend that site immediately and place a "Site Restricted" page in its place - an example may be viewed by clicking here - (opens in new window). This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby e-Trader continues hosting the website for an additional fee.

PAYMENT POLICIES - All accounts are set up on a prepay basis. Although e-Trader reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their pre-pay period unless 30 days closure notification has already been given. In situations where the card number on file is declined e-Trader will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, e-Trader reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. All payment is in UK sterling; all prices quoted are exclusive of VAT.

PAYMENT OPTIONS - In order to streamline our accounting procedures and keep costs down e-Trader runs a limited number of payment options.

CANCELLATION AND REFUNDS - e-Trader reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of service. If a customer contravenes e-Trader' terms of service a refund will not be issued in the event of a cancellation.

FORCE MAJEURE - Neither will e-Trader be liable for any delays in meeting any of its obligations that were due to causes beyond its reasonable control.

NEW DOMAIN ACCOUNTS - All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.

HOLDING PAGE - All domain names registered through e-Trader, that are 'parked' or are otherwise not immediately associated with an e-Trader hosting plan will be automatically pointed to a "Holding Page" web page which informs visitors that the registrant has recently registered their domain name via e-Trader. All e-Trader hosting plans are provided with the "Holding Page" as is. The "Holding Page" web page may be modified at any time by e-Trader without prior notice to you and may include such things as, without limitation, links to additional products and services offered by e-Trader. The current "Holding Page" may be viewed by clicking here - (opens in new window).

NOTES ON WEBMAIL - Please be aware that as part of our system maintenance, designed to ensure continuous provision of high quality service, read messages more than one month old and unread messages more than three months old are/may be removed from your POP3 mailbox. If you need to keep messages for a longer period of time you must download them to your system using your mail client or the download facility within the webmail application - on certain webmail services the amount of mail stored online may be limited to 500 email or 20Meg of data.

VARIATION - Any variation to these conditions (including special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by e-Trader.

RESOURCES - e-Trader will assign appropriately qualified and experienced personnel to perform all services.

SUPPORT BOUNDARIES - e-Trader provides support related to your server or virtual site's physical functioning. e-Trader does not offer technical support for application specific issues such as CGI programming, html, web-shops or any other such issue.

INDEMNIFICATION - Customer agrees that it shall defend, indemnify, save and hold e-Trader harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against e-Trader, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless e-Trader against liabilities arising out of;

1. Any injury to person or property caused by any products sold or otherwise distributed in connection with e-Trader's server;
2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. Copyright infringement, and
4. Any defective products sold to customer from e-Trader' server.

Notwithstanding anything else contained herein the e-Trader shall not be liable to the Customer for loss of data, profits, contracts or other economic or consequential loss, damage or injury whatsoever whether arising from negligence, breach of contract or otherwise.

DISCLAIMER e-Trader will not be responsible for any damages your business may suffer. e-Trader makes no warranties of any kind, expressed or implied for services we provide. e-Trader disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery and any and all service interruptions caused by e-Trader and its employees. e-Trader reserves the right to revise its policies at any time.

SYSTEM AND NETWORK SECURITY - Customers are prohibited from violating or attempting to violate the security of the e-Trader Network, E-mail and Hosting provision. Violations of system or network security may result in civil or criminal liability. e-Trader will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who are involved in such violations.

These violations include, without limitation:
1. Accessing data not intended for such User or logging into a server or account, which the Customer is not authorised to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which the Customer is not entitled.

DISCLOSURE TO LAW ENFORCEMENT - These terms and conditions specifically prohibits the use of our service for illegal activities. Therefore, Customers agree that e-Trader may disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the customer. In addition e-Trader shall have the right to terminate all service set forth in this Agreement.

AMENDMENTS - e-Trader reserves the right to amend its policies at any time. All customers and partners of e-Trader must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. Partners will be held responsible for the actions of their clients in the matter described on these terms and conditions. Therefore, it is the partner's best interest to implement a similar or stricter set of terms and conditions and ensure that their clients understand the terms and conditions laid out.

ACCEPTABLE USE POLICIES ("AUPS") - From time to time e-Trader may publish Acceptable Use Policies (AUPs) for the various services e-Trader provides.
As a condition of the use of our services, the customer is required to abide by the then current AUP(s) for that service. If you do not do so, then e-Trader has the right at its sole discretion to suspend or terminate the customer's account without notice or refund, to make an additional charge for the misuse, or to block access to the relevant part of the service.

e-Trader may, at its discretion, run manual or automatic systems to determine your compliance with our AUPs (e.g. scanning for "open mail relays").


ACCEPTABLE USE POLICIES (AUPS) IN FORCE AT THIS TIME A NECESSARY REQUIREMENT FOR E-TRADER SET UP YOUR WEB HOSTING

November 1998: The customer may not use their account to send Unsolicited Bulk Email. Where you have acquired this explicit permission you should keep a record of this permission and must cease sending email when requested to stop.

January 1999: The Customer must ensure that they do not further the sending of Unsolicited Bulk Email by others. This applies to both material that originates on the customer systems and also third party material that might pass through it. This includes but is not limited to a prohibition on running an "open mail relay", via a machine that accepts mail from unauthorised or unknown senders and forwards it onward to a destination outside of the customer's machines or network. If a customer's machine does relay mail, on an authorised basis, then it must record its passing through your system by means of an appropriate log file. As an exception to the ban on relaying and the necessity for a log file, the customer may run an "anonymous" relay service provided that the customer monitors it in such a way as to detect unauthorised or excessive use.


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