Terms & Conditions - Web Hosting and Email (v2.0 01/01/2004)
Terms of Service
Teckna and TecknaOnline are trading names of Teckna Ltd ("we" or "us"). The Company
is engaged in the business of providing Internet services, including the supply of web
site hosting, email management and domain name registration and management.
By using, making payment for or registering to use a Teckna or TecknaOnline web
site hosting and / or email service, you enter into a contract with Teckna Ltd on the
following terms and conditions. You are also agreeing to be legally bound by these conditions. Server Use
General
You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law.
Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your virtual server.
You may not run server processes (eg. talkers/IRC Bots) from your virtual server.
We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
When your account is closed, all files (including web pages, etc.) will be deleted.
You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s). Prohibited Material
Teckna do 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 Federal, State or Local regulation.
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 Teckna.
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.
If we are informed of an alleged copyright or trademark infringement involving a Client's Services, we will attempt to notify the Client of those allegations and secure a response. We may, in our sole discretion, remove or terminate the Services containing, on a temporary or permanent basis, materials which we believe may create, constitute, or contribute to copyright or trademark infringements. Client expressly waives the right to assert any claims against us for any such removal or termination. High Resource user policy
Resources are defined as bandwidth and/or processor utilization.
Teckna may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available Teckna reserves the right to suspend that site immediately. 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 Teckna continues hosting the website for an additional fee.
Each virtual server includes a nominated amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at a rate of 5p (five pence) per 1 MB per month. Email
Users must not participate in any form of un-solicited bulk e-mailing or spam.
The supported email client is TecknaOnline Webmail. Support for any other email client is provided at Tecknas discretion.
Provision for relaying outgoing mail (SMTP) is restricted to the service or facilitation provided by the customer's own ISP (Internet Service Provider). Technical Support
Technical support is provided at the discretion of Teckna. Payment Policy
All accounts are charged on a prepay basis either yearly or monthly. The minimum period of service for all web hosting and email packages is 12 months.
Although Teckna reserves the right to change the prices of provided services at any time all pricing is guaranteed for the period of prepayment. Where the account is paid yearly in advance we guarantee that price for the full year. Where paid monthly we guarantee the price for that month only.
Clients will automatically be billed again at the end of their current payment period unless written cancellation notification has been received by Teckna.
The client is responsible for all charges accumulated on their account from the time it was established to the time that the client sends a written cancellation request.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the purchase has been made.
All payment is in UK sterling. Payment Options
In order to streamline our accounting procedures and keep costs down Teckna runs a limited number of payment options.
Credit / Debit Cards: Teckna accepts Mastercard, Visa, Visa Delta, Visa Purchasing, JCB, Switch and Solo
Cheque Payment: This option is only available to customers who pay annually for their Teckna account. A credit/debit card number will still be required if customers require the facility to purchase domains and other services on-line. Teckna cannot guarantee that a service will be provided until after any received cheques have been cleared.
Bank Standing Order: This payment option is now obsolete and no new agreements will be entered into to pay by this method. For those customers where an active bank standing order agreement already exists, please note that the setup, management and cancellation of any bank standing order agreement, unlike a direct debit authority, is the responsibility, and under the sole control, of the customer. Non Payment / Late Payment
In the case of non or late payment Teckna will notify the client in writing that they have exceeded the period of time allowed for payment and may, at Tecknas discretion, suspend the account and any other services provided to the client until payment is received.
Once the account has been suspended the client will be informed in writing, from this point the clients account will incur a non-payment penalty of 5% per calendar month until the account is paid in full. On full payment being received services will be reinstated. Failed Payments
In situations where a payment is declined by the clients bank, or a standing order payment is not received, Teckna reserves the right to suspend the account until the outstanding charge is received successfully. In addition, Teckna reserves the right to suspend any other services provided to the client until the outstanding debt is cleared.
A charge of £25.00 will be applied in the case of a credit / debit card chargeback determined to have been requested on a legitimate credit / debit card charge. Cancellation and Refunds
Clients may cancel their services and stop further charges by giving 30 days notice in writing, however fees paid on a prepay basis are non-refundable in the event of client cancellation. Notification of cancellation must be received by Teckna in writing.
Accounts paid monthly by bank standing order will remain active as long as regular payments are being received on the account. The cancellation of bank standing order agreements is the responsibility and under the sole control of the customer.
Teckna reserves the right to cancel services at any time. If an account is cancelled through no fault of the client then the client will be entitled to a pro rata refund of fees paid. If a clients account is terminated due to contravening Tecknas terms and conditions a refund will not be issued. Liability and Limitation of Liability
The aggregate liability of Teckna for or in respect of all breaches of its contractual obligations under these terms and conditions and all representations, statements and tortuous acts or omissions (including negligence) arising under or in connection with these terms and conditions shall in no event exceed £100.00. Teckna will not, in any circumstances, be liable to the User for any direct or indirect, incidental, special, exemplary, or consequential damages (including but not limited to loss of revenue, goodwill, or anticipated or lost profits). Law, the whole agreement and transferring your rights
These conditions are governed by English law and set out the whole agreement between us and you. They replace any previous understandings or agreements. If any of these conditions is not valid or cannot be enforced, it will not affect any other conditions that we can enforce. You must not transfer these conditions to anyone else without getting our permission beforehand. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Teckna harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Teckna, 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 Teckna against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tecknas' 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 Tecknas' server. Disclaimer
Teckna will not be responsible for any damages your business may suffer. Teckna makes no warranties of any kind, expressed or implied for services we provide. Teckna disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Teckna and its employees. Teckna reserves the right to revise its policies, including these terms and conditions, at any time. Notices
If you need to send us a notice you should send it: by e-mail to info@teckna.com; by post to PO Box 129, Ware, SG12 7UG, or by fax to 0870 922 0904. We will send notices to you at the e-mail or postal address you give during the registration process. We will treat the notice as received 24 hours after the e-mail or fax is sent, or three days after it is posted.
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