"You" and "your" mean the person or entity that subscribes to Services or purchases Services subject to these Terms of Service. "We," "our," "us,", "XenVZ", "TrafficSites" and "OpenITC" refers to OpenITC Partnership, its subsidiaries and affiliates, as well as any other person or entity doing business as OpenITC and providing Services to you. "Service(s)" refer to any services you have asked us to provide to you through these Terms of Service.
XenVZ is a subsidiary of OpenITC.
Trafficsites is a subsidiary of OpenITC.
When using the Service provided by OpenITC, defined below in Section 1.1, you agree to be bound by all of the following terms (the "Terms of Service") within this Agreement.
OpenITC reserves the right to alter, amend or modify any provision of this Terms of Service Agreement at any time with or without prior notice to you.
This Agreement is effective from your acceptance thereof, which is indicated by the establishment of your account. If you are a current OpenITC client when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.
1.1 - OpenITC provides Broadband, Consultation Services, Data Backup, Database Development, Virtual Private Servers, Website Design and Hosting services, including, but not limited to, Disk space for Website Storage; FTP Access for uploading and downloading files to and from your assigned account and Internet Access.
1.2 - Any means of identification assigned to you by OpenITC (including username and IP address) will remain the property of OpenITC. OpenITC reserves the right to alter or replace these forms of identification at any time.
1.3 - OpenITC makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. OpenITC reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice.
2.1 - You agree to provide OpenITC with accurate, complete and up-to-date billing information, including your legal name, electronic mail (e-mail) address, home or business address, and telephone number. All changes to this information must be reported to OpenITC within 30 days of the change.
2.2 - By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you close the account as specified in Section 11. If any information provided by you is inaccurate, not current or incomplete, OpenITC retains the right to suspend or terminate your account.
2.3 - Occasionally we may request proof of identity. Please note that this does not imply acceptance. You may still be turned down even after submitting documentation, particularly if that documentation is inadequate or appears modified.
2.4 - Under 2.3, you agree to allow OpenITC to use any information you provide to confirm your details. Your information is not used for any other purpose and is never sold on nor passed on to partners or otherwise used for anything but it's intended purpose.
3.1 - You, and those you authorize, are the only individuals who are authorized to access the Service through your account. You must ensure that all authorized users on behalf of your account comply with this Agreement.
3.2 - You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account.
3.3 - You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects OpenITC to liability; or is in any violation of the OpenITC Terms of Service Agreement.
3.4 - Licenses and IP addresses remain the property of OpenITC at all times. These are leased to you for the period of your service only.
3.5 - In event that an IP address in your account is blacklisted, a fee of £150 will be charged for removal from that blacklist.
4.1 - OpenITC do not issue refunds for service fees paid in advance or for fees and/or payment made after the creation of your account. As an exception to this rule, OpenITC may provide a partial or full refund at our discretion.
4.2 - One time fees including but not limited to additional features, change domain name, upgrade/renew fees and fees incurred by us in the course of providing a service to you are non-refundable.
4.3 - Where additional support has been provided at your request during setup including but not limited to special configurations, custom setups, bespoke support, one-to-one advice (consultation), OpenITC reserves the right to make a charge for this time at our development rates where service is cancelled before a full month or where a refund is requested.
4.4 - Current pricing for OpenITC services may be obtained by contacting us via our "contact us" link (http://www.openitc.co.uk/contact.php) on the OpenITC website. OpenITC reserves the right to change prices, rates and/or institute new charges/fees at any time.
4.5 - Payment must be made towards your account on its assigned due date. OpenITC understands and will exercise its statutory right to late payment fees and interest under the Late Payment Of Commercial Debts (Interest) Act 1998 if OpenITC is not paid according to our payment terms. If your account is delinquent, your account may be suspended or terminated at the sole discretion of OpenITC. IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, OpenITC RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS. OpenITC may, at its sole discretion, charge a fee of £5.00 or greater to reinstate a suspended account.
4.6 - If you believe that OpenITC has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges billed in error which are more than 30 days old. To contact the Billing Department, please use the "contact us" link (http://www.openitc.co.uk/contact.php) on the OpenITC website.
4.7 - Any account found to be in violation of the Acceptable use Policy or the details discussed in Section 13 will be suspended/removed and subject to a £30.00 fee. In event of your account being terminated for breech of our Terms of Service or our Acceptable Use Policy, any remaining charges will still be payable and no refund will be given on any unused portion of any service.
4.8 - Where you are entitled to a refund, all non-reclaimable processor fees will be deducted first.
4.9 - If a refund is made under our 14 day moneyback guarantee, an admin fee may be applicable where manual adjustment is required to your account. The size of this fee will be dependent on the amount of work required.
5.1 - You assume full responsibility and risk for use of the Service by you and your authorized users. The Service is provided on an "as is" and "as available" basis. OpenITC does not warrant that the Service will be uninterrupted or error-free. OpenITC makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of service or fitness for a particular purpose regarding all information or service provided through OpenITC. No advice or information given by OpenITC, its employees, affiliates or contractors shall create a warranty.
5.2 - OpenITC shall not be liable for any costs or damages arising directly or indirectly from use of the Service. It is solely your responsibility to evaluate the accuracy, quality, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service.
6.1 - If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by closing your account by one of the methods outlined in Section 11.
6.2 - Under no circumstances shall OpenITC, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the Service or your inability to use the Service; your reliance on or use of information, services or merchandise provided on or through the Service or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
7.1 - You agree to defend, indemnify, and hold OpenITC and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable lawyers' fees, related to or arising from: any violation of this Agreement by you or those who access this Service through your account; the use of the Service or the Internet in general; and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
8.1 - It is your responsibility to ensure you cancel your service BEFORE your next invoice is generated. For your convenience a countdown to when your next invoice will be generated is available on the Invoices page of the control panel.
8.2 - An account can only be closed once all invoices are paid. For your convenience a countdown to when your next invoice will be generated is available on the Invoices page of the control panel.
8.3 - A service (e.g. VPS, dedicated servers, support) can be cancelled at any time however, any outstanding invoices must be paid. For your convenience a countdown to when your next invoice will be generated is avaialble on the Invoices page of the control panel.
8.4 - OpenITC may terminate this Agreement at any time without cause upon 28 days prior notice; or; immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement including, but not limited to, a breach of any obligation imposed under Sections 2, 3, 4, 10, 12 or 13 or if you fail to pay any charges within 28 days of the date they accrue.
8.5 - Upon termination of this Agreement, all rights granted to you or your authorized users under this Agreement shall immediately cease and terminate.
8.6 - Termination from this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
8.7 - Sections 4, 5, 6, 7, and 11 shall survive termination of this Agreement, OpenITC retains the right to enforce these provisions regardless of account status.
8.8 - Your account is not transferrable without our consent and consent must be granted explicitly. If you do so without notifying us, you are still fully liable for any costs that are incurred on that account, regardless of any changes to the account details you may might attempt to make.
8.9 - Our staff are here to help you. We understand that, on occasion, frustration may get the better of us all, however it is unacceptable to abuse or threaten our staff in any way. If you do, your account may be shut down and any payments forfeited.
9.1 - All resold accounts are subject to all the terms discussed in this document.
9.2 - If a reseller's monthly fee is past due, all accounts created under the reseller account and the initial reseller account itself will be suspended.
9.3 - A £10.00 re-activation fee may be charged to any reseller who is in violation of 9.2.
9.4 - Any reseller who's account has been listed as overdue for over 7 days will be cancelled and charged a £10.00 cancellation fee.
9.5 - Cancellation of a reseller account must be submitted at least 14 days prior to the next billing date. Any cancellation request that comes within the 14 day limit may be subject to a £10.00 fee in addition to any outstanding invoices.
9.6 - Upon cancellation of a resold account, all accounts created under the initial account and the initial account itself will be removed. It is your responsibility to inform your clients and move their data.
9.7 - If cancellation of a non-yearly reseller account comes at the beginning of the month and no payments have been made towards that month for 7 business days, all accounts created under the reseller account will be immediately terminated and a £10.00 cancellation fee will be imposed.
10.1 - Participation in our referral schemes are at our discretion. We may terminate your participation at any time for any reason. Attempting to take advantage of the system in a way not explicitly granted or enumerated by us will result in immediate termination.
You may close your account by one of the following methods:
11.1 - Via our client control panel at https://clients.openitc.co.uk/
You may find the facility to cancel service(s) in the "My Orders" section.
11.2 - Send a request via the Contact Us form C/O "Billing Department"
Include your account information (account number and security phrase) and the order numbers of services you wish to cancel. Include your real name, contact address and contact number.
11.3 - Send a letter via traditional mail:
Include company or personal letterhead. Include your account information (account number and security phrase) and the order numbers of services you wish to cancel. Include your real name, contact address and contact number.
Failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
12.1 - You agree to be solely responsible for the content of your transmissions through the Service. You acknowledge that OpenITC simply acts as a passive conduit for the distribution and transmission of data.
12.2 - You agree not to resell any part of the Service under your account including, but not limited to, disk space; pre-installed CGI scripts; software and any form of identification assigned to your account except you have the authorization from OpenITC.
12.3 - You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations. Furthermore, you agree that you recognize that violation of any such laws, rules and regulations shall be cause for immediate termination, without notice, of your account at the sole discretion of OpenITC.
13.1 - Illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of copyrighted software; violation of export restrictions; harassment; fraud; drug dealing; intentionally inflicting emotional distress; violating trademarks; copyrights; Privacy and other intellectual property rights.
13.2 - We reserve the right to remove permission to access the Service if we suspect security violation attempts involving your account, whether directly deliberately caused by you or not.
13.3 - Spamming, to send unsolicited commercial or non commercial email or newsgroup posts, from the server or involving your domain.
13.4 - Mail bombing, sending of large files or emails to other users against the request of an Internet user, whether or not our servers are used.
13.5 - Violations of system or network security is prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
13.6 - The use of programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) on the server except when permitted with prior written permission from OpenITC management.
13.7 - Adding additional swap space that has not been allocated by us will result in immediate suspension of your service. Termination of your service will be at our discretion.
13.7.1 - An exception to this rule is for KVM VPS where swap files are allowed, however, if your swap usage causes service degredation for other users, you will be given a warning which must be addresssed within 24 hours. Failure to respond within 24 hours may result in your service being suspended.
13.8 - Unacceptable site content, links, storage and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes ("cracking software"); "Warez Sites"; "IRC Bots"; and defamatory, scandalous, or private information about a person without their consent.
13.9 - Site content or links including, but not limited to, underage pornography or offensive material. Disturbing site content or links. Site content or links including threatening, defamatory, or scandalous language or information. Adult hosting is allowed.
13.10 - All IRC activity except when permitted with prior written permission from OpenITC management.
13.11 - Illegal Activities including but not limited to:
13.12 - Disclaimers found on the offending website will not protect the client account from being terminated if such site is in violation of this Agreement.
13.13 - Failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
ALL FORMS OF 'UNACCEPTABLE USE OF SERVICE' ARE STRICTLY FORBIDDEN. EVIDENCE OF VIOLATION WILL BE CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. OpenITC ARE THE SOLE ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF THIS PROVISION. OpenITC WILL NOTIFY THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH A VIOLATION IS A CRIMINAL OFFENCE.
Last revision 02.02.2013 19:46