1 Subscriber agreement
1.1 These Terms and Conditions constitute an agreement between you and Giacom World Networks Limited for use of the Business Pro, Web hosting Service. For clarification, Business Pro is a service by Giacom World Networks Limited.
1.2 You should read these terms carefully. By completing the registration request 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 online 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 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 “Business Pro”), the different payment and hosting options (the “Hosting 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 Definition
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 Business Pro Service that you have chosen to select at the time of sign up online.
2.1.3 The duration of the contract with Giacom do not have a minimum time, as witnessed in the electronic registration procedure, it will continue indefinitely until terminated earlier 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 use. The Fees are determined by the Service(s) that you have decided to purchase.

3 The service
3.1 Business Pro will act as your web host or email host or both. This package gives you e.g. 100 MB web space, 100 mailboxes, Web mail; all features are described at http://www.giacomworld.com.
3.2 There is no minimum time for this Agreement, it will continue indefinitely until terminated earlier by you or us in accordance with paragraph 11 and 12
3.3 Bandwidth limit of 2 gigabytes per month.

4 Start of contract
4.1 This agreement will start when you submit your registration form to us on-line or 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 outside the UK. If the customer lives outside the UK, you will be required to call 0870 740 7777 to sign up.

5 Provision of the Service
5.1 Giacom World Networks Limited promise to provide you with a web hosting service to the standard you would expect from a competent Web host. We provide the Service(s) to customers based all over the world.
5.2 We cannot guarantee that the Business Pro Service(s) will be performed entirely without fault but we will 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 support@giacom.net
5.3 Giacom World Networks Limited may temporarily suspend the whole or any part of the Business Pro 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.
5.4 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”.

6 Usage Policy
6.1 The Services allow you to set up 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 the server this is your responsibility and must be fully licensed to you.
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 functions and what types of use are and are not acceptable.
6.4 You may not copy, rent, lease, sublicense, display reverse engineer, modify or alter any licensed material.
6.5 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.
6.6 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
6.7 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 which provide “links to” or “how to” information about such material.
6.7.1 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;
6.7.2 threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
6.7.3 engage in illegal or unlawful activities through the Service(s);
6.7.4 knowingly make available or upload files that contain software or other material, data or information not owned by or licensed to you (as appropriate);
6.7.5 knowingly make available or upload files that contain a virus or corrupt data;
6.7.6 falsify the true ownership of software or other material or information contained in a file that you make available via the Service(s);
6.7.7 “spam” or otherwise deliberately abuse any part to the Service(s);
6.7.8 obtain access, through whatever means to notified restricted areas of the Service(s).
6.8 Giacom World Networks Limited reserves the right to access 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.
6.9 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.
6.10 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.
6.11 If we become aware that you are using the Service(s) to perform any of the activities listed in paragraph (6.4-6.7.8 above) we shall enforce the applicable terms in its agreement with you and shall use all best endeavours to stop you from doing so.
6.12 You should not seek to resell the Service(s) to a third party or other customers of Giacom World Networks Limited without prior consent.

7 Password
7.1 We will provide you with a username and password, to access a control panel. These must be kept secret and you must contact us immediately if you think that anyone else knows it.
7.2 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.
7.3 You must provide accurate information in your online registration form or over the phone and inform us immediately if there are any changes to that information.

8 Security
8.1 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 Data protection policy
9.1 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.
9.2 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:
9.2.1 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;
9.2.2 To selected third parties for the purposes of providing and operating the Services; and
9.2.3 Providing, or arranging for third parties to provide, and additional services you request from us;
9.2.4 As required or permitted by law from time to time
9.3 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 Service(s).

10 Payment
10.1 You agree that we can 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.
10.2 We do not except any automated online payment or registration from clients outside the UK. Users outside of the UK will be asked to call the customer service department on 0870 740 7777.

11 Cancellation
11.1 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.

12 Suspension and Termination
12.1 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).
12.2 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.
12.3 Without prejudice to our right of termination for any breach, alleged breach or reported 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, or pending investigation into any suspected breach. If an investigation subsequently shows that you are, or could possibly be 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.
12.4 We may at our sole discretion and without prejudice immediately suspend or terminate this Agreement or suspend the provision of the Services in the event that:
12.4.1 We are directed by any competent authority to cease the provision of the Services or any part of it; or
12.4.2 You use the Services in breach of paragraph 6, 7, 13 or 15; or
12.4.3 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 servers 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.
12.5 Without prejudice to paragraph 11, you may terminate your contract with us at any time by calling us on 0870 740 7777.

13 Copyright
13.1 The content on the Business Pro 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 Business Pro 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.
13.2 Copyrighted material must not be placed on website 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).
13.3 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.
13.4 The Business Pro software may not be modified or reverse engineered unless you have obtained the express authorisation of the software’s patent and/or copyright owner.

14 Liability
14.1 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.
14.2 You acknowledge that Giacom World Networks Limited has no control over, and that it excludes liability for, material placed on-line by users of the Business Pro and any on-line material which can be accessed by using the Service(s).
14.3 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.
14.4 To the extent permitted by law, our liability to you will not exceed £1,000.
14.5 Each provision of this paragraph 14, 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.

15 Indemnity
15.1 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.
15.2 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.
15.3 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.

16 Variation of terms and conditions
16.1 Giacom World Networks Limited may modify these terms and conditions, and may discontinue or revise any aspect of the Business Pro 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 within the Giacom database. By continuing to use the Service(s) following any such notice you will be deemed to accept such modification.

17 Law and Jurisdiction
17.1 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 Force Majeure
18.1 Neither party will be liable to the other for any failure to provide the Business Pro 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.

19 General Provisions
19.1 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