Clear Chaos - Terms & Conditions

Effective from 1st March 2004

When hosting a domain on our servers and/or purchasing web development services and/or purchasing software development services, you must accept the following terms and conditions:

DEFINITIONS

'Company' means Clear Chaos. 'Customer' means the Customer of Clear Chaos. 'Services' means services provided by the Company either in the direct or indirect control of the Company. 'Web site' means a web site and all associated files, not limited to source code, scripts and database information. 'Him' or 'his' is a generic reference to the Customer and neither means nor implies gender-specivity.

TERMS OF SERVICE

The Company provides World Wide Web page hosting, web site design, software design and related services. The Company reserves the right to suspend or cancel a Customer's access to any or all services provided by the Company if the Company considers that the account has been inappropriately or illegally used. The Customer warrants that he is at least 16 years of age.

SERVER USE

The Company's web hosting accounts are to be used by the primary owner only. Web hosting account holders are not permitted to resell or to store the web hosting services of their web site to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. The Company reserves the right to refuse service and/or access to its servers to anyone.

ACCEPTABLE USE POLICY

Acceptable Use Policy below defines the actions which the Company considers to be abusive, and thus, strictly prohibited. The examples named are non-exclusive, and are provided solely for guidance to the Customer. If you are unsure whether any contemplated use or action is permitted, please e-mail abuse@clearchaos.net for clarification. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company.

- Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any International, National or Local law or 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 the Company.
- 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.

HIGH RESOURCE USER POLICY

Resources are defined as bandwidth and/or processor utilisation. The Company may implement the following policy at its sole discretion: When a web site is found to be monopolising the resources available, the Company 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.

INDEMNIFICATION

The Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, its agents, its Customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed, including hosting, domain registration, web design and software design. The Customer agrees to defend, indemnify and hold harmless the Company against liabilities arising out of:

- any injury to person or property caused by any products sold or otherwise distributed in connection with the Company's server or products.
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party
- copyright infringement, and
- any defective products sold to Customer from the Company's server.

DISCLAIMER

The Company will not be responsible for any damages to the Customer's business or for other financial losses resulting from services provided by the Company. The Company makes no warranties of any kind, expressed or implied for services provided. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of business or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Company and its employees. The Company's financial liability is restricted to the price paid for the service provided. The Company reserves the right to revise its policies at any time, and to revise these terms and conditions at any time without notice.

BILLING DATA

The Customer is responsible for keeping his billing data with the Company's up-to-date and accurate. Furnishing incomplete information will result in an e-mailed request to complete it, and failure to comply with the request will result in account suspension until completion. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

PAYMENTS

The customer is responsible for paying all his invoices and charges in relation to service rendered. The Company will normally bill the Customer prior to renewal. Failure to settle accounts will mean account suspension, and a reactivation administration charge may be made which if not paid, will again result in account suspension. Any account which remains unpaid will be terminated with 7 days of the final notice being e-mailed to the customer, and no further notice of termination will be sent. Loss of Customer's data will occur on termination, for which the Company is not liable. The Company reserves the right to offset any outstanding arrears with any additional accounts the customer may hold.

SECURITY

Customers may not use the Company's services as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding. Mail bombing, or other deliberate attempts to overload or crash a host or network. The Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. E-mail and other types of Internet-based message distribution. The Company has zero tolerance for Unsolicited Commercial Email (UCE) that is in any way associated with the Company, its clients, or any of its client's associates. Customers are prohibited in anyway whatsoever from using UCE as a means of advertising data or services to distribute such materials.

Infringements of this policy can result in any one of the following:

- A warning from the Company, via e-mail or phone.
- Removal of DNS for the advertised / originating site.
- Temporary shutdown of the server or a block on outgoing mail.
- Permanent disconnection of service.

Infringements of this policy include, but are not limited to:

- Sending mail to users who have not specifically requested to receive such mail, including opt-out mailing lists.
- Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at the Company to users that have not specifically requested this mail.
- Forging of message headers to mask the originator of the message.
- You will be held responsible for the actions of your clients in this matter, so it would be best for you to implement a similar or stricter policy. Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or 'Spam.'
- Harassment, whether through language, frequency, or size of messages, is prohibited.

DOMAIN REGISTRATON
- In the case of domain registration Clear Chaos acts as an agent between the naming authority and the customer. The customer will be bound by the terms laid out by the naming authority. A copy of these terms can be supplied on request. Clear Chaos gives no guarantee that a particular domain name can be registered moreover registration can only be assumed when the relevant naming authority confirms registration. The Customer agrees to indemnify Clear Chaos in any such claim where the rights of a third party may be infringed.

TERMINATION

The Company reserves the right to withdraw services at any time. If termination is caused by the Customer's violation of these terms, then services paid for in advance shall be refunded only at the absolute discretion of the company. In the event of Customers having paid annually in advance, the calculation of any refund is subject to a base calculation of the fee paid, less the monthly charge rate in place when service commenced multiplied by the number of months the Customer has received service, rounded up to the next whole month. If any refunds are due these will be made by company within 30 days of receipt of cancellation.

REFUND POLICY

In the event of the Customer not being satisfied with any aspect of our service or product, the Customer may apply in writing within 14 days of account activation for a full refund, stating the reasons. If the Customer notifies us within 7 days, then a full refund will be given, less any domain registration fees. Refunds are made provided the Customer has not breached any of our Terms and Conditions herein, and the application is received at our Head Office on or by the fourteenth day after account activation. In the event of the Company not agreeing to refund, the reasons for same will be issued to the Customer either by post or e-mail at our discretion.

The company reserve the right to update these Terms & Conditions at any time and without notification - for this reason please review our current Terms & Conditions of use from time to time.

These terms and conditions do not affect your statutory rights as a consumer.

Contact us for further information.

home - consulting - design - hosting - marketing - portfolio - about us - high graphics
privacy - terms - copyright © 2003-08 all rights reserved. - All prices exclude VAT.
Delivering excellence through simplicity