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Last updated 12 August, 2008.
The most current version of our Terms of Service can always be found at http://www.illumen.co.uk/hosting/terms.html. This document may change from time to time. Changes go into effect and are applied to all customers from the time that they are posted to the above URL.
Service Description
Illumen provides Internet web hosting and associated services and maintains dedicated server computers, other equipment and software which is integrated with the Internet. These servers send and receive data and information in relationship to the Internet. Customers wish to utilise the hardware and software resources of Illumen to establish an Internet web presence using Illumen's web hosting services and network.
Conditions
The Customer's application and this Agreement constitute a legal and binding contract between Illumen and the Customer and does not extend to any other person or entity.
Warranties
With respect to the services to be provided herein, the Customer acknowledges that Illumen makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Illumen shall not be liable to the Customer for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
Information
The utilisation of any data or information received by the Customer from the utilisation of the service to be provided by Illumen is at the Customer's sole and absolute risk. Illumen specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby.
Payment
Payment is due according to the selected fee schedule following the establishment of the hosting service on the Internet. Web space and services will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the fifth (5th) day of each month as per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, Illumen shall be entitled to suspend the Customer's service without notice until payment is made. A £15.00 service fee will be charged for all returned cheques. A £20.00 service fee will apply to all credit card chargebacks.
The customer will continue to be billed until the customer cancels their hosting account by filling out our Account Cancellation Form. Illumen will not deactivate hosting for a domain without a completed cancellation form. The customer is liable for all services rendered and billed up until the time that the account is cancelled. Hosting charges are not pro-rated when an account is cancelled. As long as the cancellation form is completed prior to the first of the next month, the customer will not be billed beyond the current month. Please refer to our Account Cancellation Form for additional information related to domain hosting deactivation.
12 month pre-payments are non-refundable after 30 days.
Restrictive Use
Please see our Acceptable Use Policy (AUP).
Unilateral Service Revocation
In the event that Illumen may at any time believe that the service is being utilised for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Illumen may immediately discontinue such service to the Customer without liability. This will include failure to pay, illegal activities and/or unsolicited email.
Indemnification
The Customer shall indemnify and hold harmless Illumen from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against Illumen and Illumen's officers, directors, and employees for any service provided to the Customer by Illumen to include web space content that violates any copyright, proprietary right of any person, state regulations, or contains any matter that is libelous or scandalous.
Changes in Terms of Agreement
Illumen reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has pre-paid. Utilisation of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
Entire Agreement and Understanding
This document and services constitute the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
Relationship
The parties here to are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.
Governing Law
This Agreement shall be considered as an Agreement made in England and Wales and subject to the law of England and Wales. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in England and Wales. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include legal fees.
Severability
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
Confidentiality
Customer acknowledges that any information not generally known by, or disclosed to the public, to include but not be limited to computer programs, source code, algorithms and inventions are the property of Illumen and may not be utilised or released without the express written permission of Illumen.
Interpretation
The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/Internet industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By placing an order telephonically, in writing and/or electronically.
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