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Falcoda Internet - Terms of Service |
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| You indicate acceptance of these
terms of service by placing an order with Falcoda Internet.
These terms and conditions will not be varied for individual
customers. |
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| 1 DEFINITIONS |
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| 1.1 |
In this Agreement the following words
and expressions shall have the following meanings: |
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| 1.1.1 |
"downtime" means any service
interruption in the availability to visitors of the Website; |
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| 1.1.2 |
"intellectual property rights"
means patents, trade marks, design rights, applications for
any of the foregoing, copyright, topography rights, database
rights, rights in know-how, trade or business names and other
similar rights or obligations, whether registrable or not in
any country; |
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| 1.1.3 |
"Falcoda" or "Falcoda
Internet" means Falcoda Internet |
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| 1.1.4 |
"IP address" stands for
internet protocol address which is the numeric address for the
server; |
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| 1.1.5 |
"ISP" stands for internet
service provider; |
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| 1.1.6 |
"server" means the computer
server equipment operated by Falcoda Internet in connection
with the provision of the Services; |
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| 1.1.7 |
"the Services" means web
hosting, domain name registration, email and any other services
or facilities provided by Falcoda Internet. |
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| 1.1.8 |
"spam" means sending unsolicited
and/or bulk emails; |
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| 1.1.9 |
"virus" means a computer
programme that copies itself or is copied to other storage media,
including without limitation magnetic tape cassettes, memory
chips, electronic cartridges, optical discs and magnetic discs,
and destroys, alters or corrupts data, causes damage to the
user's files or creates a nuisance or annoyance to the user
and includes without limitation computer programs commonly referred
to as "worms" or "trojan horses"; |
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| 1.1.10 |
"visitor" means a third
party who has accessed the Website; |
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| 1.2 |
Product specifications and details
may be found at www.falcoda.co.uk. |
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| 1.3 |
Words denoting the singular shall
include the plural and vice versa and words denoting any gender
shall include all genders. |
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| 1.4 |
The headings of the paragraphs of
this Agreement are inserted for convenience of reference only
and are not intended to be part of or to affect the meaning
or interpretation of this Agreement. |
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| 2 INTRODUCTION |
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| 2.1 |
The Customer wishes to provide Falcoda
Internet with data that will be hosted on Falcoda Internet's
servers and made accessible via the Internet. |
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| 2.2 |
Falcoda Internet provides web hosting
services and has agreed to host the Customer's data upon the
following terms and conditions. |
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| 3 DUTIES |
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| 3.1 |
Falcoda Internet shall provide to
the Customer the Services specified in their order subject to
the following terms and conditions. |
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| 3.2 |
The Customer shall deliver to Falcoda
Internet the website and the software used in the website which
is owned by the Customer, or licensed to him by a third party
or Falcoda Internet ("the Customer Software), in a format
specified by Falcoda Internet. |
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| 4 CHARGES AND PAYMENT |
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| 4.1 |
Payment methods include credit cards
(including MasterCard and Visa), debit cards (including Switch/Maestro), paypal account
and direct debits via paypal |
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| 4.2 |
Falcoda Internet do not accept cheques,
bank transfers, postal orders, cash or any other form of payment
other than those outlined in 4.1 |
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| 4.3 |
All Payments are processed using
PayPal Payment Processing Service. An Account is not nessaccary
in order to make a Payment using this Service. |
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| 4.4 |
The Charges are exclusive of VAT,
which if payable shall be paid by the Customer. |
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| 4.5 |
Falcoda Internet shall be entitled
to charge interest in respect of late payment of any sum due
under this Agreement, which shall accrue from the date when
payment becomes due from day to day until the date of payment
at a rate of 8% per annum above the base rate of the Bank of
England from time to time in force. |
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| 4.6 |
Falcoda Internet do not provide credit
facilities. |
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| 4.7 |
From time to time Falcoda Internet
may make enquiries on the Customers company, proprietor or directors
of the Customers company with credit reference agencies. These
agencies may record that a search has been made and share this
information with other businesses. |
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| 4.8 |
Falcoda Internet provide "Money-Back
Guarantees" on certain products. Should your product qualify
for this guarantee please raise a support ticket at ../support/
within 30 days of placing your order for a full refund. This
guarantee excludes domain names which may not be cancelled once
ordered. The cost of any domain registration purchased or included under the 'free domain offer' will be substracted from the total before the refund is issued. Customers are limited to using the money-back guarantee
once. Refunds will be processed within 14 days of refund notification. |
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| 4.9 |
Pro-rata refunds will not be issued
for yearly services that are cancelled before then end of the
year. |
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| 4.10 |
Should your chosen payment method
fail Falcoda Internet will attempt to settle your invoice using
any other payment facilities available on your account. |
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| 4.11 |
All services will renew until cancelled
by the customer. Falcoda Internet emails the customers primary
email address prior to renewal of services, it is the customers
responsibility to cancel services prior to renewal as no refund
can be made once renewal has occurred. Customers must notify
us at least 72 hours before a service is renewed if they wish
to cancel that service. The cancellation process must be fully
completed by you before your account is cancelled. |
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| 4.12 |
Chargebacks - Any customer withdrawing payments via bank or credit card (a "chargeback") may be subject to a punitive fee of £25, should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the card issuer. |
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| 5 IP ADDRESSES |
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| 5.1 |
Falcoda Internet shall maintain control
and ownership of the IP address that is assigned to the Customer
as part of the Services and reserves the right in its sole discretion
to change or remove any and all IP addresses. |
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| 5.2 |
Where Falcoda Internet changes or
removes any IP address it shall use its reasonable endeavours
to avoid any disruption to the Customer. |
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| 6 SOFTWARE LICENCE AND RIGHTS |
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| 6.1 |
If the Customer requires use of software
owned by or licensed to Falcoda Internet ("Falcoda Internet's
software") in order to use the Services, Falcoda Internet
grants to the Customer and its employees, agents and third party
consultants and contractors, a royalty-free, world-wide, non-transferable,
non-exclusive licence to use Falcoda Internet Software in object
code form only, in accordance with the terms of this Agreement.
For the avoidance of doubt, this Agreement does not transfer
or grant to the Customer any right, title, interest or intellectual
property rights in Falcoda Internet Software. |
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| 6.2 |
In relation to Falcoda Internet's
obligations under this Agreement in connection with the provision
of the Services, the Customer grants to Falcoda Internet a royalty-free,
world-wide, non-exclusive licence to use the Customer Software
and all text, graphics, logos, photographs, images, moving images,
sound, illustrations and other material and related documentation
featured, displayed or used in or in relation to the website
("the Content"). For the avoidance of doubt, this
Agreement does not transfer or grant to Falcoda Internet any
right, title, interest or intellectual property rights in the
Customer Software or the Content. |
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| 6.3 |
The Customer undertakes that he will
not himself or through any third party, sell, lease, license
or sublicense Falcoda Internet Software. |
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| 6.4 |
Falcoda Internet may make such copies
of the Customer Content as may be necessary to perform its obligations
under this Agreement, including back up copies of the Content.
Upon termination or expiration of this Agreement, Falcoda Internet
shall destroy all such copies of the Content and other materials
provided by the Customer as and when requested by the Customer. |
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| 7 SERVICE LEVELS AND DATA BACKUP |
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| 7.1 |
Falcoda Internet shall use its reasonable
endeavours to make the server and the Services available to
the Customer 100% of the time but because the Services are provided
by means of computer and telecommunications systems, Falcoda
Internet makes no warranties or representations that the Service
will be uninterrupted or error-free and Falcoda Internet shall
not, in any event, be liable for interruptions of Service or
downtime of the server. |
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| 7.2 |
Falcoda Internet carries out data
backups for use by Falcoda Internet in the event of systems
failure. Falcoda Internet can provide data restoration facilities
for individual customers at a charge of £30+VAT from the last available backup. Even though every effort is made to
ensure data is backed up correctly Falcoda Internet accepts
no responsibility for data loss or corruption. |
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| 8 ACCEPTABLE USE POLICY |
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| 8.1 |
The website and use of the Services
may be used for lawful purposes only and the Customer may not
submit, publish or display any content that breaches any law,
statute or regulation. In particular the Customer agrees not
to: |
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| 8.1.1 |
use the Services or the website in
any way to send unsolicited commercial email or "spam",
or any similar abuse of the Services; |
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| 8.1.2 |
send email or any type of electronic
message with the intention or result of affecting the performance
of any computer facilities; |
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| 8.1.3 |
publish, post, distribute or disseminate
defamatory, obscene, indecent or other unlawful material or
information, or any material or information which infringes
any intellectual property rights (for the avoidance of doubt
this includes licensed software distributed as Warez), via the
Services or on the Website; |
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| 8.1.4 |
threaten, abuse, disrupt or otherwise
violate the rights (including rights of privacy and publicity)
of others; |
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| 8.1.5 |
engage in illegal or unlawful activities
through the Services or via the Website; |
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| 8.1.6 |
make available or upload files to
the website or to the Services that the Customer knows contain
a virus, worm, trojan or corrupt data; or |
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| 8.1.7 |
obtain or attempt to obtain access,
through whatever means, to areas of Falcoda Internet's network
or the Services which are identified as restricted or confidential.
This includes leaving your home directory whilst using SSH access
to servers. |
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| 8.1.8 |
operate or attempt to operate IRC
bots or other permanent server processes. |
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| 8.2 |
The Customer has full responsibility
for the content of the Website. For the avoidance of doubt,
Falcoda Internet is not obliged to monitor, and will have no
liability for, the content of any communications transmitted
by virtue of the Services. |
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| 8.3 |
If the Customer fails to comply with
the Acceptable Use Policy outlined in Clause 8.1 Falcoda Internet
shall be entitled to withdraw the Services and terminate the
Customer's account without notice. |
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| 9 ALTERATIONS AND UPDATES |
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| All alterations and updates to the
website shall be made by the Customer using the online account
management facility, FTP access or SSH access where available.
The Customer will be issued with a user name and password in
order to access the account. The Customer must take all reasonable
steps to maintain the confidentiality of this user name and
password. If the Customer reasonably believes that this information
has become known to any unauthorised person, the Customer agrees
to immediately inform Falcoda Internet and the password will
be changed. |
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| 10 WARRANTIES |
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| 10.1 |
The Customer warrants and represents
to Falcoda Internet that Falcoda Internet's use of the Content
or the Customer Software in accordance with this Agreement will
not infringe the intellectual property rights of any third party
and that the Customer has the authority to license the Content
and the Customer Software to Falcoda Internet as set out in
Clause 6.2. |
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| 10.2 |
All conditions, terms, representations
and warranties that are not expressly stated in this Agreement,
whether oral or in writing or whether imposed by statute or
operation of law or otherwise, including, without limitation,
the implied warranty of satisfactory quality and fitness for
a particular purpose are hereby excluded. In particular and
without prejudice to that generality, Falcoda Internet shall
not be liable to the Customer as a result of any viruses introduced
or passed on to the Customer. |
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| 11 INDEMNITY |
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| The Customer agrees to indemnify
and hold Falcoda Internet and its employees and agents harmless
from and against all liabilities, legal fees, damages, losses,
costs and other expenses in relation to any claims or actions
brought against Falcoda Internet arising out of any breach by
the Customer of the terms of this Agreement or other liabilities
arising out of or relating to the Website. |
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| 12 LIMITATION OF LIABILITY |
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| 12.1 |
Nothing in these terms and conditions
shall exclude or limit Falcoda Internet's liability for death
or personal injury resulting from Falcoda Internet's negligence
or that of its employees, agents or sub-contractors. |
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| 12.2 |
The entire liability of Falcoda Internet
to the Customer in respect of any claim whatsoever or breach
of this Agreement, whether or not arising out of negligence,
shall be limited to the charges paid for the Services under
this Agreement in respect of which the breach has arisen. |
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| 12.3 |
In no event shall Falcoda Internet
be liable to the Customer for any loss of business, loss of
opportunity or loss of profits or for any other indirect or
consequential loss or damage whatsoever. This shall apply even
where such a loss was reasonably foreseeable or Falcoda Internet
had been made aware of the possibility of the Customer incurring
such a loss. |
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| 13 TERM AND TERMINATION |
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| 13.1 |
This Agreement will become effective
on the date the service is ordered and shall continue until
terminated by either party in writing of its intention to terminate
the Agreement. |
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| 13.2 |
Falcoda Internet shall have the right
to terminate this Agreement with immediate effect by notice
in writing to the Customer if the Customer fails to make any
payment when it becomes due. |
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| 13.3 |
Either party may terminate this Agreement
forthwith by notice in writing to the other if: |
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| 13.3.1 |
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 |
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| 13.3.2 |
the other party commits a material
breach of this Agreement which cannot be remedied under any
circumstances; or |
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| 13.3.3 |
the other party passes a resolution
for winding up (other than for the purpose of solvent amalgamation
or reconstruction), or a court of competent jurisdiction makes
an order to that effect; or |
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| 13.3.4 |
the other party ceases to carry on
its business or substantially the whole of its business; or |
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| 13.3.5 |
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,
administrative receiver, manager, trustee or similar officer
is appointed over any of its assets. |
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| 13.4 |
Any rights to terminate this Agreement
shall be without prejudice to any other accrued rights and liabilities
of the parties arising in any way out of this Agreement as at
the date of termination. |
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| 13.5 |
On termination all data held in the
customers account will be deleted. |
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| 14 ASSIGNMENT |
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| 14.1 |
Falcoda Internet may assign or otherwise
transfer this Agreement at any time. |
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| 14.2 |
The Customer may not assign or otherwise
transfer this Agreement or any part of it without Falcoda Internet's
prior written consent. |
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| 15 FORCE MAJEURE |
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| Neither party shall be liable for
any delay or failure to perform any of its obligations if the
delay or failure results from events or circumstances outside
its reasonable control, including but not limited to acts of
God, strikes, lock outs, accidents, war, fire, the act or omission
of government, highway authorities or any telecommunications
carrier, operator or administration or other competent authority,
the act or omission of any Internet Service Provider, or the
delay or failure in manufacture, production, or supply by third
parties of equipment or services, and the party shall be entitled
to a reasonable extension of its obligations after notifying
the other party of the nature and extent of such events. |
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| 16 SEVERANCE |
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| If any provision of this Agreement
is held invalid, illegal or unenforceable for any reason by
any Court of competent jurisdiction such provision shall be
severed and the remainder of the provisions hereof shall continue
in full force and effect as if this Agreement had been agreed
with the invalid illegal or unenforceable provision eliminated. |
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| 17 NOTICES |
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| Any notice to be given by either
party to the other may be sent by either email or recorded delivery
to the address of the other party as appearing in this Agreement
or such other address as such party may from time to time have
communicated to the other in writing, and if sent by email shall
unless the contrary is proved be deemed to be received on the
day it was sent or if sent by fax shall be deemed to be served
on receipt of an error free transmission report, or if sent
by recorded delivery shall be deemed to be served 2 days following
the date of posting. |
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| 18 ENTIRE AGREEMENT |
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| This Agreement contains the entire
Agreement between the parties relating to the subject matter
and supersedes any previous agreements, arrangements, undertakings
or proposals, oral or written. This Agreement may be updated
without notice. |
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| 19 GOVERNING LAW AND JURISDICTION |
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| This Agreement shall be governed
by and construed in accordance with the law of England and the
parties hereby submit to the exclusive jurisdiction of the English
courts. |
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| 20 DOMAIN NAME REGISTRATION |
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| 20.1 |
Domain names are not deemed to be
successfully registered until they appear in the relevant whois
database of the top level domain name registrar. In the event
that a domain name is unavailable when we attempt to register
it Falcoda Internet will provide a full refund for that domain
name. |
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| 20.2 |
Please return to the main terms and
conditions area of this website to view terms and conditions
for individual domain name registrars. |
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| 21 SCRIPTING |
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| Falcoda Internet are not responsible
for customer programming issues other than ensuring that programming
languages such as Perl, PHP and ASP are installed and functioning
on the web hosting system. |
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| 22 PRIVACY |
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| To protect your privacy we will not
distribute your details to third parties, unless required to
do so by law. |
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| 23 DATA TRANSFER |
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| 23.1 |
Web hosting accounts include a certain
amount of data transfer, if you exceed this amount in any one
month your account will be deactivated until you have upgraded
to an account that has more data transfer included. |
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| 23.2 |
Web hosting accounts that host file
distribution (including but not limited to music, video and
software) are limited to a maximum data transfer of 25 GB per
month for file distribution. |
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| 23.3 |
Web hosting accounts are prohibited
from hosting adult content orientated websites, hosting banners,
graphics or cgi scripts for other websites, storing pages, files
or data as a repository for other websites or personal computers,
giving away web space under a domain, sub domain or directory. |
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| 24 SERVER USAGE |
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| Should your account use more than
5% of the servers processing power and as a result have a detrimental
effect on other customers we will discuss with you alternative
solutions for your hosting requirements. |
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| 25 EMAIL NEWSLETTER |
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| Falcoda Internet communicates with
it's customers via email and as such you agree to receive by
email our regular newsletter which contains amongst other things
changes to our terms and conditions, notification of major outages,
updates to our products & features and special offers. |
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| 26 WEBSPACE USAGE |
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| Unlimited web space is available
for genuine web site content, content must be linked into web
pages. Customers are prohibited from using the server as a file/backup
repository. Customers are expected to employ good house keeping
when maintaining their account. |
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| 27 MAIL BOXES |
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| Mail boxes not accessed for 100 days
or more will be deleted from the system. |
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| 28 DEACTIVATED ACCOUNTS |
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| When a web hosting account is deactivated,
you agree that after 50 days this account may be deleted from
the system without notice. |
