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 any

material in violation of any UK legislation.

o 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 Rite Group or its suppliers.

o 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.

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 any

similar abuse of the Services;

o send email or any type of electronic message with the intention or result of affecting the performance

of any computer facilities;

o 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;

o threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of

others;

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 a

virus, worm, trojan or corrupt data; or

o obtain or attempt to obtain access, through whatever means, to areas of the network or the Services

which 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.