Dedicated server terms and conditions
1 Subscriber agreement
- 1.1 These Terms and Conditions constitute an agreement between you and Giacom World Networks Limited for use of the Dedicated Server Service. For clarification, the dedicated server is a service by Giacom World Networks Limited.
- 1.2 You should read these terms carefully. By completing the registration process and/or using the service, you will be deemed to accept these terms and conditions and will comply with all related policies, including our data protection policy and abuse policy. When we have processed your sign-up registration and received any Fees that are due from you, we will then provide you with the relevant Service(s). The right to use the Service(s) is personal to you and you must advise us if you suspect that someone is using your account or has knowledge about your personal details
- 1.3 The duration of this agreeement with Giacom is a minimum of 12 months
- 1.4 These Terms and Conditions apply to the use by you of the Giacom World Networks Limited on-line information, communication and other services provided by Giacom World Networks Limited (the “Dedicated Server Service”), the different payment and dedicated server options (the “Dedicated server options”), and access to information and services provided by third parties (the “Third Party Service(s)”) and the user of the software program(s) (the “Software”) and any associated documentation which may be included in the delivery that you, the end user, are now taking into use.
- 2.1 In our terms and conditions we use words that
have specialised meanings. Below are some of the
most common of those words and their meanings.
We strongly suggest that you view these meanings
whilst reading through these terms and conditions.
- 2.1.1 ‘We’, ‘us’ or ‘Giacom’ refer to Giacom World Networks Ltd. trading as Giacom. Our address is PO Box 187, Kingston upon Hull, HU9 1XT. Our company registration number is 0381447
- 2.1.2 ‘Service(s)’ refers to the Dedicated Server Service(s) that you have chosen to select at the time of sign up online.
- 2.1.3 The duration of the agreement with Giacom is a minimum of 12 months, it will continue indefinitely until terminated by you or us in accordance with paragraph 13.
- 2.1.4 ‘Fees’ refers to those charges we make for initial connection to the Service(s) and for continued access. The Fees are determined by the Service(s) that you have decided to purchase.
3 The service
- 3.1 The Dedicated Server gives you the right to access a dedicated server in chosen size; all features for each of the different products are described on http://www.giacom.com
- 3.2 The minimum term of this Agreement is 12 months. It will continue indefinitely until terminated by you or us in accordance with paragraph 12 and 13. PLEASE NOTE THAT YOU DO NOT HAVE A RIGHT TO CANCEL THIS AGREEMENT UNDER THE CONSUMER PROTECTION (DISTANCE SELLING) RECULATION 2000.
4 Start of contract
- 4.1 This agreement will start when you after giving your details, for subscription purpose, over the phone to one of our staff.
- 4.2 We do not accept automated registration or payment online from customers due to security restrictions and the high values concerned.
5 Provision of the Service
- 5.1 Giacom World Networks Limited promise to provide you with a dedicated server to the standard you would expect from a competent Web host. We provide the Service(s) to customers all over the world.
- 5.2 The Service(s) includes a number of third party standard software packages e.g. Mail Enable mail server software and additional remote desktop access though VNC; further features are described on http://www.giacomworld.com
- 5.3 We cannot guarantee that the Dedicated Server Service(s) will be performed entirely without fault but we will use reasonable skill and care to ensure continuing uptime of the server(s) hosting your web site. We will also endeavour to correct reported faults as soon as it is reasonably possible. If a fault occurs you should report the fault to the Technical Help Desk by telephone or email to firstname.lastname@example.org
- 5.4 Giacom World Networks Limited may temporarily suspend the whole or any part of the Dedicated Server Service(s) for any reason at its sole discretion, such as repair, maintenance, improvement or because of an emergency. We will restore the Service(s) as soon as reasonably possible after any such temporary suspension. We may vary the technical specification of the Service(s) from time to time.
- 5.5 We will provide ongoing maintenance in respect of the service(s) supplied to you. Because of this purpose there will be some occasions when you will not be able to access the Service(s). We will endeavour to keep these occasions to a minimum and details of these occasions will be posted on our account control under the section named “Network Status”.
- 5.6 Giacom World Networks Limited shall not be responsible for any changes in Service(s) that cause equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Service(s). However, when this is the case the server can be updated.
- 5.7 If server breaks down, needs replacement or repair, we will endeavour to carry out the work as soon as reasonable possible, within a maximum of 8 hours; however in extreme circumstances it might take longer. In the case of replacement or repair, customer would be responsible for the reloading of their website, data and software.
6 Usage Policy
- 6.1 The Service(s) allows you to use a dedicated server for the purpose to have a website live on the Internet and to send and receive emails.
- 6.2 Giacom is only responsible for its own software that is included in the server set up. If you put any software of you own on to the server this is your responsibility and must be fully licensed to you. If we find out that you do not have the correct licence for all your software that you put on the server we can cancel the agreement between us. As a member of FAST (The Federation Against Software Theft) we do not accommodate software without a legitimate licence.
- 6.3 You have to acknowledge that in order to make proper use of the service(s) you should have a basic knowledge of how the Internet and server functions and what types of use are and are not acceptable.
- 6.4 You have to make sure that the Dedicated Server has the appropriate software to stop unsolicited (spam) mail to be sent out from the server. You also have to make sure that the software prevents Third party from sending unsolicited (spam) mail through the server, and that the server is never set to be an open relay for email.
- 6.5 You are responsible to make sure that there is no anonymous FTP access to the server.
- 6.6 You may not copy, rent, lease, sublicense, display reverse engineer, modify or alter any licensed material.
- 6.7 Our Service(s) may only be used for lawful purposes and comply with all legal requirements relating to, without limitation, defamation, copyright, trademark, software licences and any rules that are applied to you as a user when visiting a third party website, for which you are solely responsible. The law relating to Internet use is under continuous development. It is up to you to check whether you might be infringing any law or regulation, and if in any doubt you should take independent legal advice. Please remember that material that may not breach any law or regulation in the United Kingdom may breach the laws and regulations applicable in other countries, and the Service(s) does/do give you access to computer networks worldwide.
- 6.8 You agree that you will not use the Service(s) for transmission of any material in breach of any law or regulation. For this purpose it will be irrelevant whether you knew of the content of the material transmitted; and
- 6.9 You agree that you will not use the Service(s)
for Warez – pirated software, ROMS, emulators,
phreaking, hacking, password cracking; IP spoofing,
etc., and encrypting of any of the above. This also
includes any sites witch provide “links to” or “how
to” information about such material.
- 6.9.1 You agree that the Service(s) will not be used in any way to publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;
- 6.9.2 threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
- 6.9.3 engage in illegal or unlawful activities through the Service(s);
- 6.9.4 knowingly make available or upload files that contain software or other material, data or information not owned by or licensed to you (as appropriate);
- 6.9.5 knowingly make available or upload files that contain a virus or corrupt data;
- 6.9.6 falsify the true ownership of software or other material or information contained in a file that you make available via the Service(s);
- 6.9.7 “spam” or otherwise deliberately abuse any part to the Service(s);
- 6.9.8 obtain access, through whatever means to notified restricted areas of the Service(s).
- 6.10 Giacom World Networks Limited reserves the right to access the server and disclose any information, data, graphics, video, sound, files and other content created by, provided by, or accessed by you in order to comply with applicable laws and lawful government requests, to operate its business properly, and to protect itself and its users.
- 6.11 Giacom World Networks Limited reserves the right in its sole discretion, but will not be obligated, to remove any content from its system. Giacom World Networks Limited will fully co-operate with all applicable law enforcements authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity of which we become aware.
- 6.12 You acknowledge that we will not be responsible for any sites, goods or services offered or made available on the Internet provided by you or third parties.
- 6.13 You agree that should your bandwidth usage exceed that amount included with your dedicated server package, you will pay for the additional amount at the rate of £20 per GB per month. We measure these using detailed transfer logs provided to us from the Web server. When additional bandwidth has been used an additional invoice will be issued one (1) calendar month in arrears and payable in accordance with paragraph 11. If the usage is excessively exceeded we may at our sole discretion advice upgrade to the appropriate package.
- 6.14 If we become aware that you are using the Service(s) to perform any of the activities listed in paragraph (6.4-6.9.8 above) we shall enforce the applicable terms in its agreement with you and shall use all best endeavours to stop you from doing so.
- 6.15 You should not seek to resell the Service(s) to a third party or other customers of Giacom World Networks Limited.
7 Software licence
- 7.1 Giacom is responsible for its own software that is included in the Dedicated server set up. If this software is enough for your web site and requirements you do not need to have any licences.
- 7.2 You have to ensure that you have all necessary contents, permissions and licences to make use of the service(s) including, without limit, registrations under the Data Protection Act 1984 and 1998
- 7.3 If you put any software of you own on the server this is your responsibility and must be fully licensed to you. If we find out that you do not have the correct licence for all your software we may cancel the agreement between us. As a member of FAST we do not support software without licence.
- 8.1 We will provide you with a username and password to access the server and a control panel. These must be kept secret. You must contact us immediately if you think that anyone else knows it.
- 8.2 In the event of any suspected security breach, we reserve the right to suspend or change your password. If that happens, we will notify you of this as soon as we reasonably can.
- 8.3 You must provide accurate information in the control panel or over the phone and inform us immediately if there are any changes to that information.
- 9.1 We will endeavour to ensure that any materials which we supply to you will be free from viruses and corrupt files but we cannot guarantee this. If we discover any defect we will inform you as soon as reasonably practicable.
- 9.2 You acknowledge that due to the nature of this product you will require increased security on the server. You are responsible for obtaining this. We recommend that you use a firewall, Anti-virus and Anti-spam.
10 Data protection policy
- 10.1 We take your privacy very seriously. We will only use the information we have regarding you in accordance with Data Protection legislation and in accordance with consents you grant us from time to time. You acknowledge that we may use your information for statistical purposes and in order that we can provide the service to you.
- 10.2 We will comply with the Data Protection Act
1998 and other any applicable data protection legislation.
By registering for the Service you consent to our
using and/or disposing your personal information
for the following purposes:
- 10.2.1 Providing, or arranging for third parties to provide, help desk facilities which may be available to you which may involve disclosing your personal information to third parties solely for those purposes;
- 10.2.2 To selected third parties for the purposes of providing and operating the Services; and
- 10.2.3 Providing, or arranging for third parties to provide, and additional services you request from us;
- 10.2.4 As required or permitted by law from time to time
- 10.3 Please note that we may record your telephone calls to us and we will keep a record of your personal data you have provided to us or which we have legitimately obtained in connection with the Internet Access Service(s).
- 11.1 You agree that we take payment for the service as you registered in the registration, monthly or yearly and any additional services selected by you that may be levied for that service. The minimum agreement period is 12 months.
- 11.2 Giacom World Networks Limited operates a payment in advance service. That is to say that we will not set up any hosting account until full payment has been received by us.
- 11.3 You agree that if you exceed the bandwidth purchased within your dedicated server package, excess bandwidth will be charged at our current rate. An additional invoice will be issued one (1) calendar month in arrears.
- 11.4 You agree to pay the invoices to Giacom World Networks Limited within 7 days of the invoice due date.
- 11.5 You understand and agree that if you fail to make payment of Fees when they are due, we will suspend your service, until payment is received in full.
- 11.6 Giacom World Networks Limited shall be entitled to charge interest at a rate of two percent (2%) per month above the base rate of Bank of England on all sums outstanding from you from the date such sum falls due to the date of payment. We will always pursue outstanding payment either directly or indirectly through a debt collection agent.
- 11.7 Payment can be made by credit card or debit card (Visa, MasterCard, Switch and Solo). We accept payment by cheque for annual payments only and Standard Audit is accepted for monthly payment. For all cards we will debit your card when payments fall due automatically, without further reference to you.
- 11.8 Giacom World Networks Limited reserves the right to change the charges or fees associated with the use of the ADSL Service(s) at any time.
- 11.9 We do not except any registration for the Dedicated Server Service(s) for security reasons. Users will be asked to call the customer service department on 0870 740 7777.
- 12.1 The minimum term of this agreement is 12 months, after this period you may terminate your contract with us at any time without any given notice by calling us on 0870 740 7777. The contract and account will remain active until the amount paid for has elapsed unless otherwise stated.
13 Suspension and Termination
- 13.1 Giacom World Networks Limited may, in addition to any other remedies it may have, at its sole discretion and without notice terminate or suspend performance of the Service(s) and your access to and use of the Service(s).
- 13.2 We can terminate this Agreement upon immediate notice at any time, if you, provide Giacom World Networks Limited with false information or breach any of this Agreement.
- 13.3 Without prejudice to our right of termination for any breach by you of these terms and conditions, we may also suspend provision of the Service(s) if you are or we reasonably believe that you may be in breach of these conditions, until you cease to be in breach, or pending investigation into any suspected breach. If an investigation subsequently shows that you are in breach of any applicable policies and/or these terms and conditions, we reserve the right to deactivate your account, terminate our contract and recover from you all costs that may have been incurred as a result of the breach.
- 13.4 We may at our sole discretion immediately suspend
or terminate this Agreement or suspend the provision
of the Services in the event that:
- 13.4.1 We are directed by any competent authority to cease the provision of the Services or any part of it; or
- 13.4.2 You use the Services in breach of paragraph 6, 7, 14 or 16; or
- 13.4.3 A complaint is made to us by a third party relating to the content published on your web site, or an email from you that has passed through our server that does or does not relate to your web site, or an email that has not passed through our servers but relates to your web site.
- 13.5 Without prejudice to paragraph 12, after 12 months you may terminate your contract with us at any time by calling us on 0870 740 7777.
- 14.1 The content on the Dedicated Server Service(s) is protected as a collective work under applicable copyright law. The copying, redistribution, or publication by you or any of your Designated Users of any content is prohibited. Information, software or other content placed by you or any of your Designated Users in the public areas of the Dedicated Sever Service(s) grants Giacom World Networks Limited the right to copy and otherwise use in connection with the Service(s), such information, software or other content. Subject to this grant any rights you may have in such information, software or other content are retained by you.
- 14.2 Copyrighted material must not be placed on the Dedicated Server Service(s) without the permission of the owner(s) or person(s) they specifically authorise to grant the right. Only the owner(s) or such authorised person(s) may upload copyrighted material to the Service(s).
- 14.3 Except, as expressly provided by copyright law, copying, redistribution, or publication must be with the express permission of Giacom World Networks Limited or the relevant copyright owner, if other than Giacom World Networks Limited. Permission must be specified on-line or obtained directly from us or the relevant copyright owner, if other than Giacom World Networks Limited. Unless otherwise provided, any authorised copying, redistribution, or publication of copyrighted material must be for your own private and personal use and not for any commercial purposes and any changes to or deletions of author attribution or copyright notice is prohibited.
- 14.4 The Dedicated Server software may not be modified or reverse engineered unless you have obtained the express authorisation of the software’s patent and/or copyright owner.
- 15.1 Except as expressly provided in these terms and conditions and to the extent permitted by law Giacom World Networks Limited excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any on-line content and the value and integrity of products and service(s) offered by third parties.
- 15.2 You acknowledge that Giacom World Networks Limited has no control over, and that it excludes liability for, material placed online by users of the Dedicated server and any online material which can be accessed using the Service(s).
- 15.3 Giacom World Networks Limited shall not be liable for any indirect or consequential damages whatsoever including, without limitation, damages or losses relating to business profits, lost savings, business interruption, loss of business information or data, or other pecuniary loss arising out of the use of the Service(s), software or accompanying material, even if we or the other party or person has been advised of the possibility of such damages.
- 15.4 To the extent permitted by law, our liability to you will not exceed £1,000
- 15.5 Each provision of this paragraph 15, excluding or limiting liability operates separately. If any part is held by a court to be unreasonable or inapplicable, the other party will continue to apply.
- 16.1 You warrant that your use of the Service(s) or other Third Party Service(s) may only be for lawful purposes and within the scope of these Terms and Conditions.
- 16.2 You warrant that your use of the Service(s) will not violate any law, regulation or treaties and that such use will not be in breach of the intellectual property rights of any person.
- 16.3 You shall indemnify and hold harmless Giacom World Networks Limited against all claims, liabilities, losses, damages, costs and expenses incurred or suffered by us (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) by reason of a breach by you of any of your obligations set out in these Terms and Conditions.
17 Variation of terms and conditions
- 17.1 Giacom World Networks Limited may modify these terms and conditions, and may discontinue or revise any aspect of the Dedicated Server Service(s) at any time, such modifications becoming effective immediately upon posting of notice on the Giacom World Networks Limited website or notification to you via either e-mail or regular post to the address provided by you on registration and held with the Giacom database. By continuing to use the Service(s) following any such notice you will be deemed to accept such modification.
18 Law and Jurisdiction
- 18.1 These terms and conditions shall be governed by and construed by the laws of the United Kingdom and any disputes shall be exclusively resolved within the jurisdiction of the courts of the United Kingdom.
- 18.2 Legitimate use and additional checks might be acquired e.g. when clients outside UK requiring high value accounts such as Dedicated Server.
19 Force Majeure
- 19.1 Neither party will be liable to the other for any failure to provide the Dedicated Server Service(s) or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to, failure of a third party telecommunications provider, lightning, exceptionally severe weather, fire, explosion, war, riots, industrial disputes, acts of terrorism, government action or regulation or national or local emergency. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.
20 General Provisions
- 20.1 We may assign, sub-contract or otherwise deal with our rights or obligations under this Agreement without giving you notice beforehand. You may not assign, sub-contract, sell or transfer your rights or obligations under this Agreement.
Just a knowledgeable person at the end of the phone line– Richard Alexander, Prism IT