A) TERMS AND CONDITIONS
[Service Agreement-General Terms]
Users must not participate in any form of un-solicited bulk e-mailing or spam.
Data stored on our systems is not guaranteed to be backed up. It is recommend that you keep an independent copy of all data.
You must not divulge your passwords to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.
We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
We reserve the right to cancel your services at any time without notice in the event of a breach in these Terms and Conditions.
We reserve the right to amend and update these Terms and Conditions and the Acceptable Use Policy at any time without notice.
[Definition]
"GWS" or "we" means GWS Media Limited.
"Customer" or "you" means the person, firm or company that has requested any Services.
"Service" or "Services" means any services supplied or to be supplied by GWS, including but not limited to the provision of Internet hosting services.
"Server" means an Internet-connected server, virtual or otherwise, provided by GWS for the Customer's use.
[Service agreement]
This agreement is made by and between GWS and the Customer:
Overview
This agreement is intended to cover any and all Services provided by GWS and received by the Customer.
1. Services
Subject to the terms and conditions of this agreement, GWS agrees to provide the Internet hosting services required.
2. Acceptable Use Policy
Customers shall at all times comply with and help ensure that they comply with the terms of the current version of the Acceptable Use Policy (AUP). Customer agrees that GWS may amend the terms of the AUP from time to time by posting a new or different version of the Acceptable Use Policy at www.gwsmedia.com . For existing customers, changes shall come into effect one month after they are published on the GWS website. The Customer shall include the terms and conditions set out in the Acceptable Use Policy in an Acceptable Use Policy with its own clients.
3. Emergency Service Suspension
GWS may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of the Service.
4. Termination of Agreement
If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then GWS may terminate this agreement at any time and without prior notice.
5. Indemnity
Customer will indemnify GWS and its directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against GWS or any of its directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement.
6. Governing Law
This Agreement is governed by the law of England, and the Customer agrees that any court action brought under this agreement shall be brought in the jurisdiction of England. If any provision of this agreement is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.
B) ACCEPTABLE USE POLICY
GWS Media Limited provides Internet hosting Services. By using the Services provided by GWS, Customers agree to comply with the Acceptable Use Policies outlined in this agreement and also to indemnify GWS against any claims by third parties arising from violation of this Policy.
GWS reserves the right to make changes to this Acceptable Use Policy at any time, and any changes will be effective immediately upon posting to the GWS web site at www.gwsmedia.com . GWS's Customers are responsible for regularly reviewing the Policy. Continued use of the Services following any changes shall constitute acceptance of the changes.
This policy recognises the fundamental fact that GWS cannot monitor or control all the activities of our Customers. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customers. The Customer, not GWS, assumes all responsibility relating to their Internet activities including, but not limited to:
• Aspects of the Customer's business.
• Content and data provided by or through a Customer for use with the Services.
• Decisions about Customer's computer and communications systems needed to access the Services.
• Results obtained from using GWS Services.
• Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services.
• Use of the GWS services by Customer's end users.
Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgement and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy. Customers will violate this Policy when they or their affiliates engage in any of the following activities:
Illegal Content
Accounts may be terminated that include content or which have links to content that:
• Is unlawful or is considered offensive by the web community.
• Promotes injury or physical harm against any group or individual.
• Promotes or teaches illegal activities.
• Exploits or depicts children in a negative/sexual way.
• Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
• Violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
SPAM or Unsolicited Commercial Email
GWS has zero tolerance for the sending of SPAM or Unsolicited Commercial Email (UCE). GWS Customers cannot send UCE and cannot host sites or information advertised in UCE. Customers must take all reasonable precautions to secure their systems against SPAM exploits (e.g. open email relays).
Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, GWS will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending ip address to prevent further violations. If a client is found to be in violation of our UCE policy, GWS will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Customer's hosting. Repeated or serious violations may result in the immediate termination of the account.
Account Cancellation
This Acceptable Use Policy (AUP) is not exhaustive.
Domains
Your registration and continued use of a domain name constitutes acceptance of the term and conditions required of GWS Media by its domain name services providers, to which you are bound.
By agreeing that GWS Media can register domain name(s), you are entering a contract. If at any time, you do not agree to the terms and conditions associated, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different registrar.
You represent that, to the best of your knowledge and belief, neither the registration of thr domain name nor the manner in which it is directly or indirectly to be used infringes the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
If you are registering a domain name during the finite period of time when owners of trademarks and service marks have priority to do so ("Sunrise Period"), you acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted on the conditions applicable to those new domain names and their Sunrise provisions which may include a minimum registration term.
GWS will invoice you for renewal of domain names at least 1 month in advance to ensure you have time to pay before expiry.
Please note if a domain is not renewed then it will cease to resolve following expiry. There is typically a small window of time post-expiry in which a domain can be renewed but GWS Media will make an additional charge for renewing a domain post-expiry. GWS Media may at its sole discretion redirect expiring domains to another website, sell them, or simply allow them to expire.
You agree that in the event you register a domain name for another entity, you represent that you have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.
You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with domain name and domain registration.
GWS Media reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:
(a) You materially breach this Agreement;
(b) You use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
(c) You use your domain name in connection with unlawful activity;
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement
You further acknowledge and agree that your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by GWS Media, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.
You also agree that GWS Media shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as we receive a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
You acknowledge that registration or reservation of your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name. You also agree that in the event a domain name dispute arises with any third party, you shall indemnify (and hold GWS Media harmless) from and against any claim, action, suit, demand, loss, damages, costs (including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name.
You agree to be bound by the Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found here .
For domains registered with Nominet (.co.uk, .uk, .org.uk) you accept the Nominet terms and conditions:
http://www.nominet.uk/resources/policy/policies-rules/
For domains registered through Tucows / OpenSRS (.com, .org, .net and most other TLDs) you must accept the OpenSRS terms and conditions:
https://www.opensrs.com/docs/contracts/exhibita.htm
Last updated 1st May 2015
