Rite Group provide World Wide Web hosting and email services through selected third party
suppliers. Rite Group reserve the right to suspend or cancel a customer's access to any or all services provided
by Rite Group if Rite Group or its suppliers decide that the account has been inappropriately used or otherwise.
Rite Group do not allow any of the following content to be stored on its servers:
o
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and anymaterial in violation of any UK legislation.
o
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. Thedesignation of "adult material" is left entirely to the discretion of Rite Group or its suppliers.
o
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IPspoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or
"how to" information about such material.
Reselling of Services
All accounts are to be used by the primary owner only, and do not allow the holders to resell, store or give
away web-hosting services of their website to other parties. Web hosting services are defined as allowing a
separate, third party to host content on the owner's web site.
Software Licence and Rights
If the Customer requires use of software owned by or licensed to Rite Group or its suppliers in order to use the
Services, Rite Group 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 such 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 the
software.
In relation to Rite Group or its suppliers obligations under this Agreement in connection with the provision of the
Services, the Customer grants to Rite Group and its suppliers 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 Rite Group
and its suppliers any right, title, interest or intellectual property rights in the Customer Software or the Content
.The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense
Heart Internet Software.
Service Levels and Backup
Rite Group and its suppliers 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, Rite Group and its suppliers makes no warranties or representations that the
Service will be uninterrupted or error-free and Rite Group and its suppliers shall not, in any event, be liable for
interruptions of Service or downtime of the server.
Rite Group and its suppliers carries out data backups for use in the event of systems failure, however we do not
provide data restoration facilities for individual customers. Even though every effort is made to ensure data is
backed up correctly Rite Group and its suppliers accept no responsibility for data loss or corruption.
Please note we may require suspension of some of our services for short scheduled periods to carry out
maintenance or repair to our services.
Acceptable Use Policy
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:
o
use the Services or the Website in any way to send unsolicited commercial email or "spam", or anysimilar abuse of the Services;
o
send email or any type of electronic message with the intention or result of affecting the performanceof any computer facilities;
o
publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material orinformation, 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;
o
threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) ofothers;
o
engage in illegal or unlawful activities through the Services or via the Website;o
make available or upload files to the Website or to the Services that the Customer knows contain avirus, worm, trojan or corrupt data; or
o
obtain or attempt to obtain access, through whatever means, to areas of the network or the Serviceswhich are identified as restricted or confidential
o
operate or attempt to operate IRC bots or other permanent server processes.The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Heart Internet
is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue
of the Services.
If the Customer fails to comply with the Acceptable Use Policy Rite Group and its suppliers shall be entitled to
withdraw the Services and terminate the Customer's account without notice.
Unlimited use policy
High bandwidth usage: Rite Group offers an unlimited use policy by maintaining very large ratios of bandwidth
per customer. In rare cases, we may find a customer to be using server resources to such an extent that he or
she may jeopardize server performance and resources for other customers. In such instances, we reserve the
right to impose the High Resource User Policy for the consideration of all customers.
High resource use policy
Resources are defined as bandwidth, processor utilization or disk space.
When a website is found to be monopolising the resources available we 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. Customers may be offered an option whereby we continue hosting the website for an additional
fee.
Web space is provided for genuine web site content, and 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.
Payment policies
All accounts are set up on a prepay basis. Although we reserve the right to change prices of accounts or
services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 30 or 365
days, following the date the account was established. Customers will automatically be charged again at the end
of their prepay period unless closure notification has already been given.
In the event that any payment is not made, Rite Group reserves the right to suspend all services until the
outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it
was established to the time that the customer sends a written cancellation request. All payment is in UK
sterling.
Cancellation and refunds
Rite Group reserves the right to cancel the service at any time. In this event customers will be entitled to a pro
rata refund based upon the remaining period of service. If a customer contravenes Rite Group’s terms of
service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time. Fees charged on a prepay basis are non-refundable. In
addition some accounts incur set-up fees, these charges are also non-refundable.
January 2006
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Rite Group and/or its suppliers harmless from
any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against
Rite Group and/or its suppliers, its agents, its customers, 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. Customer agrees to defend, indemnify and hold harmless Rite Group and/or its suppliers
against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise
distributed in connection with any server; (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 any server.
Limitation of Liability
Nothing in these terms and conditions shall exclude or limit Rite Group and/or its suppliers liability for death or
personal injury resulting from its negligence or that of its employees, agents or sub-contractors. The entire
liability of Rite Group and/or its suppliers 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. In no event shall Rite Group and/or its suppliers 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 Rite Group had been made aware of the possibility of the Customer incurring such a loss.
Rite Group and/or its suppliers makes no warranties of any kind, expressed or implied for services we provide.
Rite Group and/or its suppliers disclaim any warranty or merchantability or fitness for a particular purpose. This
includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions
caused by Rite Group and/or its suppliers and its employees. Rite Group and/or its suppliers reserves the right
to revise its policies at any time.
Force Majeure
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.
Severance
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.
Notices
Any notice to be given by either party to the other may be sent by either email, fax or postal service 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.
Entire Agreement
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.
Governing Law and Jurisdiction
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.
Please note: by signing up for any of our services you agree to be bound by all our terms and conditions.