|
SERVER
USE
The Brody Organisation reserves the right to refuse
service and/or access and/or products to its servers and/or domains to
anyone. The Brody Organisation does not allow any of the following content to
be stored on its servers:
Illegal Material - This includes copyrighted works, commercial
audio, video, or music files, and any material in violation of any regulation
or material that is perceived to be misleading.
Adult Material - Includes all pornography, erotic images (unless under the
banner of Art, and hosted on a website dealing exclusively and only with
Art), or otherwise lewd or obscene content. The designation of "adult
material" and what is defined as Art with respect of and to “erotic
Images” is left entirely to the discretion of The Brody Organisation.
Warez - 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.
BANDWIDTH USAGE
The Brody Organisation offers high data transfer. In rare cases, The Brody
Organisation may find a customer to be surpassing their limit and using
server resources to such an extent that he or she may jeopardise server
performance and resources for other customers. In such instances, The Brody
Organisation reserves the right to impose the High Resource User Policy for
the consideration of all customers. For customers who share a domain, Bandwidth
Usage will be assessed across the entire domain, but individual clients
across that domain will be measured on primarily a monthly basis. Clients on
shared domains whose domain areas are seen to exceed the allocated bandwidth
amounts will also have the High Resource User Policy applied
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilisation.
The Brody Organisation may implement the following policy to
its sole discretion:
When a website is found to be surpassing their data transfer limit per month
on a single account and/or monopolising the resources available, the account
holder will be contacted in order to discuss the situation. If no arrangement
can be reached or the account holder cannot be contacted within 12 hours, The
Brody Organisation reserves the right to terminate the account giving one
week’s notice. If the user's site is severely affecting the performance of
the server, The Brody Organisation has the right to act immediately in order
to resume the normal operation of the network. The High Resource User Policy
also refers to other parts of the servers/network, including mail and ftp,
plus the use of processor time.
At the discretion of The Brody Organisation, customers and/or
clients who fall under the High Resource User Policy may be offered the
opportunity to upgrade their account to a higher bandwidth usage. If agreed,
the Brody Organisation will not suspend the Customer or Client account for
the duration of one week pending payment for the cost of the upgrade. Failure
to pay the upgrade costs within the allotted time will result in a suspension
of all products and services and recovery for costs plus administrative fees
at the discretion of The Brody Organisation will be taken through The Courts.
BANDWIDTH AND DISK USAGE
Customer agrees that bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer on the Order Form
(the "Agreed Usage"). The Brody Organisation will monitor
Customer's bandwidth and disk usage. The Brody Organisation shall have the right to take
corrective action if Customer's bandwidth or disk usage exceeds the Agreed
Usage. Such corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination of
this Agreement, which actions may be taken is in The Brody Organisation’s
sole and absolute discretion. If The Brody Organisation takes any corrective
action under this section, Customer shall not be entitled to a refund of any
fees paid in advance prior to such action. In the event that a customer
exceeds the included allocation, The Brody Organisation may, at its sole
discretion, collect a deposit, in an amount determined by The Brody
Organisation, against customer's credit card on file with The Brody
Organisation, or invoice the Customer direct. Failure to pay any such charges
will result in civil action for recovery without further contact with the
customer.
SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE)
SPAM and Unsolicited Commercial Email (UCE): The Brody Organisation takes a zero
tolerance approach to the sending of Unsolicited Commercial Email (UCE)
or SPAM over our network. Very simply this means that customers of The Brody
Organisation may not use or permit others to use our network to transact in
UCE. Customers of The Brody Organisation may not host, or permit hosting of,
sites or information that is advertised by UCE from other networks.
Violations of this policy carry severe penalties, including termination of
service.
Violation of The Brody Organisation's SPAM policy will result
in severe penalties. Upon notification of an alleged violation of our SPAM
policy, The Brody Organisation will initiate an immediate investigation
(within 48 hours of notification). During the investigation, The Brody
Organisation may restrict customer access to the network to prevent further
violations. If a customer is found to be in violation of our SPAM policy, The
Brody Organisation may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, The Brody Organisation reserves the right to pursue civil
remedies for any costs associated with the investigation of a substantiated
policy violation. The Brody Organisation will notify law enforcement
officials if the violation is believed to be a criminal offence.
First violations of this policy will result in an
"Administrative Fee" of £250 and your account will be reviewed for
possible immediate termination. A second violation will result in an
"Administrative Fee" of £500 and immediate termination of your
account. Users who violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research Fees"
not to exceed £175 per hour that The Brody Organisation personnel or its
agents must spend to investigate the matter. PLEASE, DO NOT SPAM from your
account.
As our Customers are ultimately responsible for the actions of
their clients over the network, it is advisable that Customers develop a
similar, or stricter, policy for their clients.
PAYMENT POLICIES
All accounts are set up on a prepay basis. All pricing is guaranteed for the
term of prepayment. You grant The Brody Organisation the right to cash your
cheque from the account you provided from the Order Form for services you
signed up for, unless such service is cancelled by you in writing or is
cancelled by The Brody Organisation according to terms of this Agreement. The
Brody Organisation reserves the right to change prices at any time. Payment
for any monthly products or services are due each anniversary month, year (if
paying annually) or period following the date the account was established
(depending on account opened). If for any reason the payment does not arrive
in time, the account is subject to suspension. Any account not brought current
within a week of e-mail notice or exceeding this time frame in any way is
subject to suspension. The customer is responsible for all money owed on the
account from the time it was established to the time that the customer
notifies The Brody Organisation in writing for a request for termination of
services. All payment is in the currency chosen at the time of order. The
customer is also liable for the NIC/Nominet fees on domains and will be
invoiced accordingly (see further conditions relating to domains).
DOMAINS
The Brody Organisation does not accept responsibility nor does it make any
warranty that the domain names(s) requested by the Customer will be accepted
for registration in the register of the Naming Organisation nor will it be
liable for any costs of the Customer incurred if the application for
Registration is unsuccessful. The Brody Organisation does not accept
responsibility for any liability to third parties for breach of their
Intellectual Property Rights in relation to the domain name(s) requested by
the Customer.
New domain names are registered by The Brody Organisation but the renewal of
these domains remains the responsibility of the customer. Customers should
take steps to note the renewal date of their domain name and ensure action is
taken to pay for any renewal costs before the domain registration period
terminates. The Brody Organisation accepts no responsibility for the renewal
of domain names and subsequent loss of business nor
related liability resulting in a domain name not being renewed.
EMAIL
All payments made to The Brody Organisation are
confirmed by email. Users accept that The Brody Organisation will notify them
at least one week before payment is due, notify of payment and issue an email
if payment has failed. Invoices are dispatched by email. In order to keep
users notified of impending service alterations important to the running of
their account, The Brody Organisation will occasionally communicate in this
manner, and the users accepts this is normal policy. Invoices may also be
sent by conventional, or ‘snail mail’.
CANCELLATION
The Brody Organisation reserves the right to cancel service at any time.
Customers can cancel service any time but must give fifteen (15) days notice
before the next billing period is due. All cancellations must be received in
writing as per the deadlines indicated; regular mail, e-mail and fax
notifications are acceptable. Phone requests will not constitute acceptance
of any cancellation. Cancellations will be processed by our staff every Monday.
For information on refunds please see the heading "Refunds".
In the even of Customer cancellation, the Customer shall be responsible for
renewing the Registration of his/her domain name(s) and finding a new host
for the respective domain name(s).
RENEWALS
Your account will be automatically renewed fourteen (14) days prior to the
due date of your account under the same fee structure, unless you give
written notice to The Brody Organisation fifteen (15) days before the renewal
date that you do not wish to renew such account.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold The Brody
Organisation (for clarification, any service and/or product by The Brody
Organisation) harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable legal fees asserted against The Brody
Organisation, 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 The Brody Organisation
against liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection with The
Brody Organisation's servers; (2) any material supplied by customer
infringing or allegedly infringing on the proprietary rights of a third
party; (3) copyright infringement; (4) any defective products sold to
customer from The Brody Organisation's servers, and (5) any statements made
within information or pictures held on our servers that may be seen as
unsuitable, defamatory, misleading or libellous in any way.
REFUNDS
Refunds will be given at the discretion of The Brody Organisation.
BACKUP FILES
The Brody Organisation will make every reasonable effort to protect and
backup data for Clients on a regular basis, however The Brody Organisation
does not guarantee the existence, accuracy, or regularity of its backup
services and, therefore, if clients manage at least part of the services
offered by The Brody Organisation, Client is responsible for making back-up
files in connection with its use of the Services. There is a one time fee of
£100 for our Administrator to retrieve clients
back-up files. Client is solely responsible for independent backup of data
stored on Providers server and network.
Email is stored and processed remotely on a server or servers
which The Brody Organisation may use to process customer’s email accounts
whether they are web-based or pop3 accounts. The Brody Organisation cannot,
does not and will not guarantee the service of these servers. Backing up
email is entirely the responsibility of the Customer. The Brody Organisation
cannot, and will not be responsible for any loss or damage incurred by the
Customer in the event of a failure or other disruption of service to email
accounts, or email servers.
LIMITATION OF LIABILITY
You agree that The Brody Organisation will not be responsible for any losses
that may incur where Services are accessed by third-parties through illegal
or otherwise unauthorized means, including but not limited to situations
where data is accessed through the exploitation of security gaps, weaknesses
or flaws (whether known or unknown to The Brody Organisation at the time)
which may exist in the Services or in The Brody Organisation's equipment used
to provide the Services, or any other such equipment or services which The
Brody Organisation may from time to time employ to provide products and
services to the Customer.
Under no circumstances will The Brody Organisation be liable
for any consequential, indirect, incidental, special or punitive damages, or
loss of profits, revenue, data or use by Customer, any of its customers, or
of any other third party, whether in an action in contract or tort or strict
liability or other legal theory. The Brody will not be liable to Customer,
any of its customers, or any other third party, for any loss or damages that
result or are alleged to have resulted from the use of or inability to use
the Services, or that results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, viruses, defects, delays in
operations, or transmission or any failure of performance, whether or not
limited to acts of God, War, Civil disruption, communications failure, theft,
destruction or unauthorized access to The Brody Organisation's records,
programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement,
The Brody Organisation maximum liability under this Agreement for all
damages, losses, costs and causes of actions from any and all claims (whether
in contract, tort, including negligence, quasi-contract, statutory or
otherwise) will not exceed the actual Pound Sterling amount paid by Customer
for the Services which gave rise to such damages, losses and causes of
actions during the 12-month period prior to the date the damage or loss
occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary
allocation between the parties of the risks (known and unknown) that may
exist in connection with this Agreement. The terms of this Section will
survive any termination of this Agreement.
FORCE MAJEURE
The Brody Organisation will not be liable for failure or delay in performing
it obligations if such failure or delay is due to circumstances beyond its
reasonable control, including but not limited to acts of any governmental
body, war, insurrection, sabotage, embargo, fire, flood, strike or other
labour disturbance, interruption of or delay in transportation,
unavailability of, interruption or delay in telecommunications or third party
services (including DNS propagation), failure of third party software or
hardware or inability to obtain raw materials, supplies or power used in or
equipment needed for provision of the Services.
DISCLOSURE OF CUSTOMER INFORMATION AND LEGAL PROCESS
Although The Brody Organisation maintains strict confidentiality on
Customer's information, there are certain exceptions in which The Brody Organisation
may disclose information in its possession, including but not limited to
information about the Customer's internet transmissions and website activity
in order to comply with court order, subpoena, discovery request, warrant,
statute, regulation or official governmental requests. The Brody Organisation
has no obligation to notify Customer about whom the information is sought or
that The Brody Organisation has provided the information. Customer
acknowledges the above exceptions and agrees to them without reservation.
ASSIGNMENT
Customer will not have the right to assign this Agreement without the prior
written consent of The Brody Organisation.
ENTIRE AGREEMENT; SEVERABILITY
This Agreement represents the entire agreement between the parties, and supersedes
all previous representations, understandings or agreements. If any provision
of this Agreement is held by a court of competent jurisdiction to be invalid,
unenforceable, or void, the remainder of this Agreement will remain in full
force and effect.
Customer hereby represents that he, she or it, is either an
individual entering this Agreement for his or her personal use and is over 18
years of age, or is a corporation other legal corporate entity, duly
organized, validly existing and in good standing under the laws of the state
or country of its organization and the person acting on behalf of Customer is
duly authorized to accept, execute and deliver this Agreement on behalf of
Customer.
The Brody Organisation reserves the right to revise its
policies and/or prices at any time.
|
