| 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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