Terms and Conditions - Web Hosting Services
By using web server hosting services from LiveLink Tech Limited ("LiveLink Tech"), you ("you" or "Customer") agree to the terms and conditions set forth herein.
1. SUBJECT OF THE AGREEMENT
The Agreement governs the provision of electronic services, including LiveLink Tech's internet server systems, (the "Services") to the Customer by LiveLink Tech and certain administration and servicing thereof.
2. SERVICES PROVIDED
LiveLink Tech agrees to provide server access and hosting, for the term as defined below. These services facilitate the storage and transmission of data through the Internet.
Fees for the Services shall be charged in accordance with the schedule of fees set and adjusted by LiveLink Tech from time to time. These fees are set at our absolute discretion, but may not be varied throughout the term of the agreement without the written consent of both parties.
Subject to termination in accordance with Clause 10 of this Agreement, the initial term of this Agreement shall be twelve (12) months. Fees paid for the Extended Server Package are not refundable unless this Agreement is terminated by LiveLink Tech without cause pursuant to Clause 10 or as otherwise agreed to in writing by LiveLink Tech in its sole discretion.
4. SERVICE LEVEL AGREEMENT
4.1 At LiveLink we aim to deliver the highest possible levels of up-time. If the internet connectivity of one of our services fails to meet our 99% up-time and accessibility guarantee, then you'll be eligible to claim a refund of two days service fee for every full hour for which that service was offline (as timed by our log files). Eg if you had 5 web kiosk systems hosted with us and 2 of them suffered unscheduled unavailability then we would refund you 4 days hosting costs for each of the two servers affected. Please note: 99.9% uptime guarantee does not include scheduled maintenance - normally conducted outside of working hours. If we can't fulfil this service level agreement in any particular month, any compensation will be strictly limited to the total fees that you have prepaid for the internet hosting services for the month in question. (Excluding fees paid for staff training / other hardware and services) 4.2 Core to this agreement is the understanding that we are not pricing our services like an insurance company. Our services are very competitively priced, and this is only achievable if we accept no liabilities whatsoever for potential consequential loss or other potential harm to the customer's commercial activities. In any complex hosting environment, there will always some factors outside of our direct control. Our guarantee is that we will always use our best endeavors to minimize these risks to achieve 99% uptime or greater, and demonstrate that commitment by refunding 48 times the hourly cost if the service is unavailable for an hour. If you need more protection than this, then you must arrange appropriate insurance cover elsewhere before starting using our services.
6. ADMINISTRATIVE ACCESS
Administrative access or "root" access to the servers is limited to LiveLink and our authorized agents.
7. NETWORK DATA TRANSFER CHARGES
7.1 There shall be no charge for monthly aggregate or daily average network transfer within the allowance of the server package purchased, depending on the terms agreed upon at purchase, as measured during any 30-day period. Monthly aggregate or daily average network traffic in excess of the pre-arranged allowance shall incur an additional fee as set by LiveLink Tech. Payment of this fee will be required in order to maintain service. Network traffic shall be measured by LiveLink Tech and may include all forms of traffic to and from the server.
8. CUSTOMER CONDUCT
8.1. LiveLink Tech services and servers may only be used for lawful purposes. Any use which contravenes any national, European or international laws which may apply to LiveLink Tech, the Customer's local jurisdiction, or any jurisdiction that the Customer or the Customer's site may be subject to is strictly prohibited.
8.2. While using a LiveLink Tech supplied Server, the Customer will not:
8.2.1. Restrict or inhibit any other user from using and enjoying the Internet;
8.2.2. Post or transmit any unlawful, threatening, abusive defamatory, pornographic, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise contravene any national, European or international law and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
8.2.3. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
8.2.4. Operate an open mail relay;
8.2.5. Transmit any unsolicited commercial or bulk e-mail or engage in any activity known or considered to be "spamming" or "Mail Bombing";
8.2.6. Use any LiveLink Tech server or service to carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service.
9.1. The customer agrees that it shall defend, indemnify, save and hold LiveLink harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against LiveLink, its agents, customers, suppliers, partners, 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.
9.2. The customer agrees to defend, indemnify and hold harmless LiveLink against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with LiveLink's server(s); (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 LiveLink's server(s).
9.3. For the purposes of this Clause 9, LiveLink Tech includes LiveLink Tech Limited, as well as its parent company or companies, its subsidiaries and affiliated companies.
10.1 Either party can terminate this Agreement upon written notice 30 days' prior to the end of the agreed upon minimum Contract Term. The customer-requested termination shall take effect at the end of the calendar month in which the 30 days' notice period has ended. Either party shall be entitled to terminate the contract without prior notice in case there is a special reason.
10.2 In the event of any contravention of any of these terms and conditions including the Acceptable Use Policy which is to be found at the end of these terms and conditions LiveLink Tech reserves the following rights which may be exercised without notice and at the sole discretion of LiveLink Tech:
10.2.1 the right to terminate this contract
10.2.2 the right to deny the Customer access to a server
10.2.3 the right to terminate the Customer’s services and in any such event the Customer will be held fully responsible for any damages to the Customer, LiveLink Tech, or any other party or parties resulting from any such conduct.
10.3 LiveLink Tech shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. The Customer agrees that LiveLink Tech has the right to monitor the servers electronically from time to time and to disclose any information as necessary under the law, or to protect itself from claims by a third party or parties. LiveLink Tech reserves the right to remove or remove access to any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, offensive, or in contravention of this Agreement.
11. RETURN OF SERVER
Upon termination of this contract, all servers not paid for in full and physically located within the customer's premises shall remain the property of LiveLink Tech and are not subject to customer demands.
12.1 LiveLink Tech makes every reasonable effort to maintain the uninterrupted operation of the LiveLink Services, subject to regularly scheduled server and network maintenance cycles. However because many events and circumstances are beyond the control of LiveLink Tech, LiveLink Tech does not in any way warrant or otherwise guarantee the availability of the LiveLink Tech system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of LiveLink Tech. LiveLink Tech may, at its sole discretion, limit or deny access to its servers, if, in the judgment of LiveLink Tech, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the LiveLink Tech servers.
12.2 LiveLink Tech will not be responsible for any damages your business may suffer. LiveLink Tech makes no warranties of any kind, expressed or implied for services we provide. LiveLink Tech does periodically back up your data/website but with any backup system there will be a period of time where new data has not yet been backed up, and no backup is infallible. In the unlikely event of any corruption, software or hardware failure,every attempt would be made to recover data. However LiveLink Tech cannot guarantee to be able to replace lost data and consequential disruption. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by LiveLink Tech and its employees.
To the extent permitted by law LiveLink Tech shall not be liable to the Customer save as expressly provided for in this Agreement and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to the Customer.
12.3 So far as is permitted by law and subject to the express terms of this Agreement LiveLink Tech makes no warranty to the Customer as to the quality of the Services or their fitness for purpose and in any event. LiveLink Tech shall only be liable for material breaches of its obligations under this Agreement and to the extent of the terms in 4.1 above.
12.4 Neither party shall have any liability to the other in respect of any breach of this Agreement for loss of revenue, business, anticipated savings or profits or any loss of use or value of any equipment or for any indirect or consequential loss howsoever arising, save as set out in this Clause 12 and 4.1.
12.5 Nothing in this Agreement shall:- (a) exclude or restrict LiveLink Tech for liability in respect of the death or personal injury or fraud resulting from the negligence of LiveLink Tech, its employees or agents; (b) exclude the conditions and warranties implied by Section 12 of the Sale of Goods Act 1979 and where the Customer deals as a consumer, the conditions implied by Sections 13 to 15 inclusive of the said Act and by Sections 3 and 4 of the Supply of Goods and Services Act 1982; or (c) where the Customer deals as a consumer, affect the Customer's statutory rights.
12.6 The Customer will indemnify LiveLink Tech for all loss of revenue, business profits, costs and expenses arising from any failure by the Customer to use the Services in accordance with this Agreement and against any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the site by the Customer.
12.7 LiveLink Tech disclaims all liabilities in connection with the following :
loss of material uploaded
incompatibility of the site with any of the Customer's equipment, software or telecommunications links
12.8 Nothing in this Agreement shall prevent LiveLink Tech from pursuing payment of a debt against the Customer.
12.9 Where the Customer accesses this site from locations outside the United Kingdom, the Customer does so on the Customer's own initiative and is responsible for compliance with local laws.
12.10 The Customer understands that by placing information on the internet, depending on the configuration of the server, such information may be accessible to all Internet users. LiveLink Tech does not limit or restrict access to such information, nor protect any such information from copyright infringement or other wrongful activity. It is the Customer's sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information, and the quality and merchantability of all merchandise, provided through LiveLink Tech or on the Internet generally.
12.1 Obligation to Insure
The Customer shall take out and maintain at its own cost insurance against any loss or potential risk they are unable to accept. This includes (but is not limited to) inaccessibility or failure of any part of LiveLink's services, failure of their network (local or Internet), local PCs or any other hardware.
14. NO INTERFERENCE WITH OPERATION OF SYSTEM
14.1. The Customer agrees not to maliciously or intentionally interfere with the proper operation of the server and network, including but not limited to defeating identification procedures, obtaining access beyond that which the Customer is authorized for, and impairing the availability, reliability, or quality of service for other customers. The Customer further agrees not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. The Customer agrees to follow the Acceptable Use Policy of any network or service to which the Customer connects.
14.2. The Customer agrees to adhere to all system policies of LiveLink Tech, as such may be published by LiveLink Tech online from time to time, including restrictions on services available, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of the services of LiveLink Tech including the Acceptable Use Policy which is to be found at the end of these terms and conditions. The Customer agrees to abide by any and all future policy decisions by LiveLink Tech.
16. TRANSMISSION OF MATERIALS
The Customer agrees not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of LiveLink Tech or any other service with reference to services obtained through LiveLink Tech, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming", is strictly prohibited.
17. PRIOR AGREEMENTS
This Agreement supersedes any written, electronic, or oral communication the Customer may have had with LiveLink Tech or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
19. IMPORTANT INFORMATION FOR PLACING ORDERS
The following information is provided to Customers in compliance with EU Directive No. 2000/31/EC (the e-Commerce Directive):
19.1 This site and services are owned and operated by LiveLink Tech Limited a company registered in England and Wales (Co. Reg. No 5270872) whose registered office is at Unit 5, Whitehills Drive, Whitehills Business Park, Blackpool, FY4 5LW
19.2 The Customer may contact the Company by calling 0800 949 6409 or by writing to us at LiveLink Technology, 8 The Green, Rowlands Castle, Hampshire PO9 6DP
20.1 No delay, neglect or forbearance on the part of either party in enforcing against the other party any terms or conditions of this Agreement shall either be or be deemed to be a waiver in or in any way prejudice any right of that party under this Agreement, unless such waiver shall be in writing.
20.2 Any notice, invoice or other document which may be given by either party under this Agreement shall be deemed to have been duly given if sent by first class post, or where the parties expressly agree by electronic mail or facsimile transmission, to such person and such address as either party shall nominate for this purpose from time to time.
20.3 This Agreement shall be construed and governed in all respects in accordance with the Law of England and Wales and the English Courts shall have exclusive jurisdiction in respect of any disputes arising hereunder.
20.4 Each party shall treat as confidential all information received by it from the other party relating to the other party's business, customers, strategies and plans, and such information may only be used for the purpose of this Agreement and may only be disclosed in strict confidence to its professional advisers or any person to whom disclosure is required by law, to its employees or subcontractors where reasonably necessary for the purposes envisaged by this Agreement, and where otherwise specifically permitted by this Agreement.
21. THIRD PARTY RIGHTS
Nothing in this Agreement shall be taken as granting any rights expressly or impliedly whether contractual or statutory to persons other than the Company and the Customer, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
22. NO AGENCY
Nothing contained herein shall be interpreted as creating an agency, partnership or joint venture between LiveLink Tech and the Customer.
LiveLink Tech may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the LiveLink Tech website in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. It is your responsibility to periodically check the LiveLink Tech website for updates of this Agreement.
The Customer should address any complaints concerning the provision of the Services to the Company at the Company's address shown in Clause 1.1 or by sending a fax to the Company at 0709 21212 88.
Neither this Agreement or any rights or obligations hereunder may be assigned or transferred or sub-contracted by the Customer in part or in whole to a third party, without the prior consent of the Company such consent not to be unreasonably withheld. The Company may on providing notice to the Customer assign this Agreement in part or in whole to any third party.
26. FORCE MAJEURE
LiveLink shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.
ACCEPTABLE USE POLICY
Each Customer who operates a server from LiveLink Tech is solely responsible for all stored and transmitted data of the server and all actions which emanate from the server. The Customer must take adequate measures which comply with the current state of technology to ensure that any misuse of the server is effectively prevented. LiveLink Tech reserves the right to block any server at any time which causes a loss of network integrity or affects the network operation of other servers without prior warning including those actions which are not specifically referred to below. LiveLink Tech further reserves the right to remove a server from the network if it is deemed to be causing excessive load or traffic over an unacceptably long period. LiveLink Tech further reserves the right so far as permitted by law to maintain logs of impermissible actions and to preserve the contents of servers as well as the right to hand over such logs or contents in accordance with legislation, on Order of the Court or orders from any other body appointed by law.
PROHIBITED ACTIONS AND CONSEQUENCES OF INFRINGEMENTS
2. IP SPOOFING
IP spoofing refers to the falsification of the IP sender address for outgoing IP packages. This technology is generally used to conceal the origin of IP packages. LiveLink Tech has installed anti-spoofing filters in order to prevent IP spoofing. All attempts at IP spoofing are automatically logged. Any attempt at IP spoofing will lead to the immediate blocking of the server without prior warning.
3. MAC SPOOFING AND MAC FLOODING
MAC spoofing refers to the falsification of a sender address of an Ethernet framework. This technology is often used to give a false identity in the local network or for a router. MAC flooding refers to the sending of Ethernet frameworks with a number of different sender addresses for the purpose of flooding MAC databanks of switches thus causing a malfunctioning of these switches. LiveLink Tech has put in place measures which in the event of any attempt at MAC spoofing or MAC flooding trigger an immediate and automatic blocking of the server without prior warning. All attempts at MAC spoofing and MAC flooding are automatically logged.
4. ARP SPOOFING AND ARP FLOODING
ARP spoofing refers to the falsification of an ARP entry on a router by unsolicited ARP replies. This technology is often used to prepare a man-in-the-middle attack. ARP flooding refers to the mass transmission of ARP replies for the purpose of flooding the ARP databank of a router and thus causing a malfunctioning of this switch. All attempts at ARP spoofing and ARP flooding are logged and will lead to the immediate blocking of the server without prior warning.
5. TRANSMISSION OF SWITCH PROTOCOL FRAMEWORKS
The transmission of switch protocol frameworks, in particular spanning tree protocol frameworks (BPDUs) will lead to the immediate and automatic blocking of the server without prior warning. All attempts to transmit switch protocol frameworks are logged.
6. TRANSMISSION OF SPAM AND MALWARE
Spam refers to the mass transmission of unsolicited or unrequested email advertisements. Malware refers to any type of injurious software e.g. viruses, worms, trojans, backdoors, spyware or illegal dialers. The sending of spam can lead to a warning being sent to the server operator or to the immediate blocking of the server without prior warning depending upon the gravity of the infringement. The sending of Malware will lead to the immediate blocking of the server without prior warning.
Phishing refers to illegal attempts to release access data for security areas to a wide distribution of users. Well known websites are often imitated so as to appear deceptively genuine for this purpose. The websites are reached under domain names which are similar to the original domain names. Users are invited by misleading emails to enter their access data on such hoax websites. Phishing will lead to the immediate blocking of the server without prior notice.
8. DENIAL OF SERVICE ATTACKS
Denial of Service attacks (DoS) refers to an attack on a server with the purpose of disabling one or more of its services. This generally occurs by overloading e.g. by attacks with a number of small UDP packages or TCP-SYN packages. Where the attack is coordinated by a larger number of other systems this is referred to as a Distributed Denial of Service (DDoS). LiveLink Tech has put in place measures which permit the empirical recognition of Denial of Service attacks. All Denial of Service attacks are logged. A Denial of Service attack will lead to the immediate blocking of the system without prior warning.
9. SCANNING OF EXTERNAL COMPUTERS
The Scanning of computers refers to the systematic searching for services on this computer with the purpose of detecting weaknesses in the services in order to utilise them for hacking at a later time. The scanning of external computers can lead to a warning being sent to the operator of the service or to the immediate blocking of the server without prior notice according to the seriousness of the infringement.
10. NON AUTHORIZED ACCESS OR ATTEMPTS OF HACKING
All nonauthorised or illegal access to IT systems (e.g. "hacking" will lead to the immediate blocking of the server without prior warning.
11. OFFERING OF UNLAWFUL INFORMATION
The offering of unlawful or abusive, pornographic, racist, politically radical, defamatory or offensive information as well as information which contravenes the rights of third parties in whatever form will lead to the immediate blocking of the server without prior warning.
12. BREACH OF COPYRIGHT ETC.
The Customer is prohibited either from offering or distributing any information which is protected by copyright without lawful authority. The operating of so called P2P exchanges, download services or streaming services over which copyright protected information could be distributed without lawful authority is not permitted. It is also prohibited to make available links which connect to P2P exchanges, download services, streaming services or information provided by them. In case of infringement LiveLink Tech reserves the right to remove the server from the network without prior warning and to terminate the agreement.