The following words used in context of the Service Contract are defined as follows:
"The Provider": UKTNET LTD trading as UK Trading
"The Client": The person or entity who is applying for services
The The Provider agrees to provide, and The Client agrees to receive, access to the services according to the following terms and conditions:
1. The Client will use the services in a manner consistent with any and all applicable laws of the United Kingdom, the US Federal Government, and the laws of your locale.
1a. The Provider expressly forbids the use of its web servers for any business
solely engaged in the activity of bulk emailing (spamming).
1b. The Provider is required by law to hold verifiable information on file about The Client hosted on The Provider webservers in order that relevant authorities, and parties are able to trace the The Client should a dispute or allegation of illegal, immoral activities, or breach of law occur. The Client information is held privately, and securely on The Provider files and is not published or freely given to any person or authority unless The Provider firmly believes or agrees that the authority, or person concerned has a justifiable reason or legal right to have access to it.
1c. The Client, by accepting this contract, is deemed to have agreed to providing The Provider with verifiable details of their geographical location and contact information.
2. The Provider reserves the right, in its sole discretion, to deactivate the The Client's account(s) upon an indication of credit problems including delinquent payments or breaches of this service agreement.
2a. The Provider also reserves the right, in its sole discretion, to levy a re-connection charge where The Client's account has been disconnected.
3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY THE PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY THE CLIENT TO THE PROVIDER FOR SERVICES.
4. The Provider is not responsible for any damages arising from The Client's use of The Provider services or by The Client's inability to use the services for any reason.
5. Due to the nature of the internet and associated electronic equipment, there may arise instances during a period of service where a webserver that The Client's files are stored could become damaged or lost due to hardware failure or malfunction, and other instability caused by DOS (denial of service) attacks brought about by hackers.
While The Provider shall make every reasonable effort to protect The Client's files and data, The Provider cannot be held responsible for The Client's files residing on The Provider webservers, nor for any loss of files howsoever caused. The Client is solely responsible for independent backup of data stored on The Provider webservers.
In such cases, The Provider will attempt to re-instate The Client's hosting service as quickly as possible where there has been a catastrophic loss of service, however, it is The Client's responsibility, and not that of The Provider to re-load files when for some reason the original content has been lost or damaged, howsoever caused.
5b. It is the sole responsibility of The Client to
regularly scan their equipment, and ensure that any computer or device used
to connect to The Providers network, servers, or systems is virus and trojan free, and
that any equipment used to connect to The Providers systems will not
deliver any material or content to the web server that might compromise the
server, damage or interrupt The Providers services.
6. THE CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON THE PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
7. THE CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON THE PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING SUCH AS, BUT NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND OR HARMFUL MATERIALS OR USES, WHICH ARE CONSIDERED TO BE ABUSIVE AND UNETHICAL USES OF THE SERVICE(S). CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE SERVICE(S), OR DEEMED A VIOLATION OF THE TERMS OF SERVICE.
8. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. The Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilise.
9. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the The Client's account(s) upon an indication of such activity. The Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the The Client's or another party's use of electronic mail service(s) on the The Client's account(s).
10. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.
11. The Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to The Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
12. The Provider reserves the right to disable any user account or site for anything deemed to be suspicious activities at the The Provider's sole discretion. This includes, but is not limited to, anything that gives indication of spamming, phishing, bombing, hacking, spoofing, cracking, phreaking, denial of service attacks, running rogue services on The Client's account on The Provider's systems, or anything that might attract or precede such activities. Rogue services, as defined here, means any service that is not included as a feature on The Provider's advertised list of account features at the time. This includes, but is not limited to, IRC bots, IRC clients, IRC daemons, ICQ clients, ICQ servers, Socks proxies, or any other service running on a TCP/IP port that The Provider did not give explicit written authorization for use. The Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from account deactivation or disablement as a result of suspicious activities.
13. The Provider expressly reserves the right to monitor any and all activity, traffic, or content that The Client may produce, publish, or cause. The Provider also reserves the right to turn any logs, monitoring data, or The Client material over to the proper authorities in the event legal or criminal action is to be taken by The Provider or authorities.
14. The Provider reserves the right to change this contract by posting a publicly available copy at this location without specific notice to The Client. The Client hereby agrees to ratify any such changes and hold The Provider harmless from any claim resulting from such changes. The Client hereby acknowledges responsibility to inform itself of any changes to this contract whether informed by The Provider of changes or not.
Billing Policies - Read Carefully
(Incorporated into the Terms of Service Contract)
15) What are the costs and when do they start?
The periodic charge varies for each type of account.
Setup of your account begins upon receipt of the first hosting period's service fee.
You will be provided with login information usually within 1 hour from receipt of online payment.
Your billing cycle will be based on the date we provide you with login information.
All of your future hosting fees will be based on that date.
Prices are subject to change without notice, but are guaranteed through your paid billing period.
16) How can I pay for my account?
Accounts can be paid by Mastercard, Visa, Delta, Switch, Money Orders, or Cheques drawn on UK Funds. All invoices are e-mailed monthly, quarterly, semi-annually or annually (per your choice) at the beginning of the payment period. Invoices are sent via e-mail usually around the 20th of each month. Payments are due in our offices no later than their due date regardless of when the invoice is sent to you. When using Debit Cards, UK Trading will not be responsible for any service charges incurred by your bank for billing errors made by us. Typical Credit Card charges can be easily reversed without any fees incurred by you the customer. In the case of using a debit card billing errors can lead to bank service fees for overdrawn accounts, etc. UK Trading cannot assume this risk when you choose to use this form of payment as the normal system available to make returns or correct billing errors is not available with debit cards, without potentially overdrawing your account.
17) How can I upgrade/downgrade my account?
It's as simple as an email to support@uktrading.net . Just include your name, your domain name and tell us what account type you would like to change to and we will process the request for you. There is a £20 fee for upgrading or downgrading your account.
18) If I cancel my account do I get a refund and what is the cancellation procedure?
ACCOUNT CANCELLATION INFORMATION
If the service is cancelled within the first 30 days because we have not met your expectations, the entirety of fees paid will be refunded. The 30 days is counted with day 1 being the first day the account was made available to the client.
Where UK Trading provide extended services on a monthly payment basis, such as those connected with e-commerce websites, including SEO services, then the cost of providing the service has been calculated for a twelve month period, so the service provision is deemed to be a 12 month contract. See our Payments & Refunds page
Cancellation MUST be in writing.
Please send cancellation requests in writing to UK Trading, PO Box 70, Penzance, Cornwall TR20 9YH with the following information:
A. The name on the account with us (i.e. John Smith).
B. The domain name or names you are cancelling (please tell us if it your main domain or an additional domain).
C. The IP address or addresses issued to you.
D. Your reason/s for cancelling.
After an account has been operational for +31 days we request that account cancellations are submitted to us no less than 5 days before the end of the current month of service.
**We do not accept mid payment period cancellations and requests not received 5 days before the end of the month will be subject to next payment period's full charges.**
If a customer wishes to cancel their service we will do so on the last day of the billing period, subject to the 5 day notification REQUIREMENT. There are NO EXCEPTIONS.
Our guarantee is to assure that we will exceed your expectations on the product we offer or your money back. It is however NOT available to protect you in case of violations of our terms of service, NOT understanding our terms of service or billing policies, expecting something that our literature clearly does NOT indicate is available (i.e., wanting outgoing email service when the account offers none), incompatibility of third party software, business hardships, business changes or simply changing your mind because you found a "better deal."
5) What will happen if my payment is late for any invoice? (IMPORTANT)
Payment for all regular monthly invoices are due in our offices on the date shown on your bill. We allow a grace period until 7 days after that date. If payments are not received in our offices within 7 days of their due date, a £10 late fee will AUTOMATICALLY be assessed to your account. If payments are not received in our offices within 15 days of their due date your account we reserve the right to deactivate your account. There is a £40 reactivation fee, in addition to the £10 late payment fee. If you choose not to reactivate your account you are still responsible for the days of service you received and any outstanding balance on account including the late fees. Simply not paying your bill will not constitute a cancellation and you will be liable for any service fees incurred. For information on how to cancel, please see item #4 directly above.
For this reason, UK Trading highly recommends that you consider automatic credit/debit card billing to avoid late fees and deactivation; or placing a month's deposit on account with us so that your account is always current.
