Problems With Your Computer, Server or Network?"
e-millenium provides IT Support, hosting & email and additional services. e-millenium reserves the right to suspend or cancel a customer's access to any or all services provided by us when we decides that the account has been inappropriately used or otherwise.
Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our T&Cs. We will, however, notify you of any prominent changes we feel you need to be pro-actively made aware of.
By signing up for and/ or otherwise accessing any of the services or products offered by e-millenium you agree to be bound by all the Terms and Conditions listed here.
1 – GENERAL TERMS
1.2 - Fees
All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, or if your charge card declines you will be liable for an administration charge of £25.
All monthly packages must be paid by a recurring method of payment and as per agreed payment terms. Failure to do so will result in contact from our Collections Department and an admin fee of £15 will be incurred each time a letter is issued.
All charges payable by you for the Services shall be due and payable in advance of our service provision. Charges are exclusive of VAT which shall be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice;
You agree to pay all value added taxes related to the Service(s) provided to you hereunder. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less.
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or renewal fee, you acknowledge and agree that the Service for which such fee has not been paid within 14 days of the due date may be suspended, cancelled or terminated, in our sole discretion, or, in the case of a domain name, transferred to us as the entity that has paid the applicable fee to the registry. After 21 days of the payment due date, we reserve the right to cancel the service. In addition, we reserve all rights regarding such domain name registration including, without limitation, the right to make the domain name registration available to other parties for purchase. We will reinstate any such Service solely at our discretion, and subject to our receipt of the applicable Service or renewal fee and our then-current reinstatement fee.
All fees are non-refundable, in whole or in part, even if your service is suspended, cancelled or transferred prior to the end of the then-current service term. We reserve the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at our sole discretion. We publish price changes on your invoice accessible through your control panel at least thirty (30) days before your package is renewed. If you do not agree to such price changes, please cancel your services in accordance with our standard procedure. If you do not cancel, you will be deemed to have accepted the new prices, and they will be charged to the credit card or other payment method registered to your account.
You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you;
Due to the nature of domain name registration, all sales are final. No refunds can be issued once a domain name is registered. We may take all remedies available to collect fees owed.
All services will renew automatically unless you opted out of the auto renew process. Auto renewal is a service offered by e-millenium to protect the customer, whereby products and services, except those subscribed to on a monthly basis, will by default be automatically renewed prior to expiration date. If you have opted out of auto renew it will be your responsibility to renew or cancel services that you no longer require at the appropriate time.
You are solely responsible for ensuring that your services are renewed and you are solely responsible for ensuring there is adequate funding for the services to be renewed. e-millenium reserve the right to charge a renewal price different to the price at registration.
fails to make any payment when it becomes due to Us.
If the Client terminates this Agreement during the contract period other than because The company has increased its Charges or materially changed the terms of this Agreement to the Client's detriment, the Client must pay us the applicable Charges for the remainder of the contract period.
Either party may terminate this Agreement or the Service provided under it forthwith by notice to the other if:
- the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
- the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
- the other fails to pay any Charges when due; or
- the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court makes an order to that effect; or
- the other party ceases to carry on its business or substantially the whole of its business; or
- the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer is appointed over any of its assets; or
- If the bandwidth used for traffic to and from the web site is exceeded beyond our considered acceptable and fair use and is deemed by Us to affect the performance of other Client Websites. Notwithstanding any other remedies it may have under these Terms and Conditions or in law, We will, in the event that the acceptable bandwidth is exceeded, charge the Client an additional monthly fee.
If any of the events detailed above occur as a result of our default, we may by giving notice to the Client, disconnect the Service or any part of it without prejudice to our right to terminate this Agreement. Where the Service or any part of it is disconnected under this paragraph, the Client must pay the Charges for the Service until this Agreement is terminated.
Any rights to terminate this Agreement shall be without prejudice to any other accrued rights.
On termination of this Agreement for any reason: we shall have the right immediately to remove any Apparatus from the Premises; and all amounts owing for the Service shall be due and payable in full on demand whether or not then due and Client shall have no right to withhold or set off such amounts; and we may delete all e-mail, Websites, and other data stored on the Service by the Client and re-use the e-mail addresses, domain names not held by the Client and Web-spaces. We shall not exercise this right for four weeks in the case of termination by us other than for breach by Client; and we shall transfer any domain names held by the Client to another ISP at the prevailing domain name transfer charge.
Consequences of Termination
Suspension and cancellation or modification of service(s).
- fail to pay any sums due to Us as they fall due.
- break any of these terms and conditions.
Without prejudice to Our other rights and remedies, We may at Our sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:
- Notified or unscheduled upgrade or maintenance of Our IT systems.
- Issue by any competent authority of an order which is binding on Us which affects the Services.
- We deem at our sole discretion that the network or system resources used by You in relation to the Services warrants suspension to protect the services provided by Us to all or any of Our other customers.
You may cancel the services at any time with 30 days notice if you have elected a monthly payment plan or 12 months notice or if you have elected a 12 month term plan. If you wish to cancel your service with us, please process the request via email or alternatively call us and one of our agents will be in touch with our cancellation procedure. No refund will be made on the service.
On termination of this Agreement or suspension of the Services We shall be entitled immediately to stop access to You Service and to remove all data located on the Server.
1.7 - Force
2 – USE OF SERVICE
2.1 - Use
You shall observe the procedures which We may from time to time prescribe and shall make no use of the Services which is detrimental to Our other customers.
In the case of an individual User, You warrant that You are at least 18 years of age and if the User is a company, You warrant that the Services will not be used by anyone under the age of 18 years.
You are solely responsible for the content of any postings, data or transmissions using the Services or any other use of the Services by You or by any person or entity.
You represent, undertake and warrant to Us that neither You or any person or entity will use the Services for illegal, disruptive or objectionable purposes. In particular, You represent, warrant and undertake to Us that.
You will not use the Services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will You authorise or permit any other person to do so.
You will not upload, post, link to or transmit:
any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
any material containing a virus or other hostile computer program.
any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
All email sent using the Services, or which refers to content hosted on the Services will be in accordance with applicable legislation (including data protection and electronic communications legislation).
You will not use the Services in any manner which interferes with, or disrupts, other network users, services or equipment including, without limitation, unsolicited advertising or chain letters, inappropriate news group or forum posts, wrongly impersonating another user and falsifying one's network identity.
You will not use the Services to make or attempt to make unauthorised entry to any other machine accessible location, via the network.
You will not use the Services to host an Internet Relay Chat (IRC) server or bot that is part of or connected to another IRC network or server.
If We have reasonable grounds to believe that You are or have been utilising the Services for any such illegal, disruptive or objectionable purpose, We may immediately, without prior notice to You:
Suspend the Services.
Terminate this Agreement.
Amend, remove from the Server or prevent access to the offending material or content.
You shall defend, indemnify and hold harmless Us from and against all liabilities and costs (including reasonable solicitor's fees and litigation expenses) from any and all claims by any entity arising out of Your use of the Services, including those without consent.
2.2 - Network Connectivity & Bandwidth
Whilst every effort is made to guarantee the bandwidth there may be downtime incurred. You accept that this may occur and there is no liability on Us.
2.3 - Data Backup
Unless you purchase a data backup product as an additional cost option, We will make no backups of the data stored on the Server beyond that which is advertised.
In the event that You purchase a data backup product We will endeavour to make backups of the data stored on the Server and make them available to You in accordance with the specification of the data backup product. However We do not warrant that any data will be backed up correctly, nor that any successful restoration of data will be possible.
Regardless of whether You purchase a data backup product, We shall have no liability for any loss or damage to any data stored on the Server or backup mediums.
The customer agrees to keep a current copy of all content hosted by e-millenium including website files and database info - notwithstanding any agreement by e-millenium to provide backup services.
2.4 - Software
We grant You a non-transferable, nonexclusive license to use the Software provided or contained in the Server Value Pack, in object code form only, for You internal needs, solely on the Hardware provided, and in conjunction with the Services.
You agree that You will not:
Copy the Software.
Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software.
Sell, lease, license, transfer or sublicense the Software or the documentation.
Write or develop any derivative or other software programs, based, in whole or in part, upon the Software.
Any third party software is supplied to the You on the basis of the relevant third party's license terms with which You agree to comply.
We will use Our reasonable endeavours to check the Software for the most commonly known viruses prior to delivery to You. However, You are solely responsible for virus scanning the Software and We give no guarantee that the Software will be free from viruses.
You acknowledge that software in general is not error-free, and agree that the existence of such errors will not constitute a breach of this Agreement.
3 – PRIVACY
How the company protects user information
Who has access to the information?
How to correct inaccuracies
the site or supplying information to us, you agree to the use of
information relating to you (including international transfer) as
described in this privacy statement.
Update: 15 August 2011
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