Terms & Conditions
USE OF THIS WEBSITE
By accessing or using the ITCS website, or Out Europe website, or using consultancy or hosting services offered by either company, you agree to the terms outlined below. If you do not agree to these terms, please do not access or use this website or continue as a customer of either company. ITCS and Out Europe reserve the right to change these terms and policies from time to time at their sole discretion. Your use of this site will be subject to the most current version of these terms and policies at the time of such use. All customers of Out Europe will follow the same terms and conditions as those of ITCS or its subsidiaries, affiliates or content and technology providers, are referred to from this point on in these terms and conditions as ITCS.
Copyright Notice - All Rights Reserved
Copyright © 2016 IT Computer Systems Limited
Copyright © 2016 Out Europe Limited
All aspects of this website - design, text, graphics, applications, software, underlying source code and all other aspects - are the copyright of ITCS. No part of this website may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of ITCS. For rights clearance please contact us.
HOSTING DESIGN CONSULTANCY & OTHER SERVICES
Terms & Policy
This Agreement between the parties shall remain in effect unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein. ITCS refers to IT Computer Systems Limited (Company Number: 03855515) and Out Europe Limited (Company Number: 03986695) both registered in England and Wales, together with their subsidiaries, affiliates or content and technology providers.
Either party may terminate this Agreement without cause upon written notice to the other party with three months notice. Nothing in this paragraph however shall limit ITCS right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein. Termination of any domain or account will not be processed without the required documentation. Any person wishing to terminate their account or any domain within their account must provide evidence if requested that the individual terminating the account is authorised to do so.
In the event that ITCS elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance. In the event that ITCS elects to terminate Customer without due cause, Customer shall receive a full refund of any balance.
In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.
In the event that Customer elects to terminate this Agreement, their services and hosting platform will be set to Migration Status for a period of three months after which all services will be terminated, in accordance with these Terms and Conditions. During this Migration Status period, individuals taking over the services provided may continue to have HTTP, SMTP, POP3, IMAP and FTP access to the ITCS servers, but no other access will be allowed - specifically SSH, Webmin or PHP MyAdmin. Since others will have taken control of the data and setup of the email and website of Customer once Migration Status has been established ITCS will no longer be able to provide the customer service and backup services normally associated with an account.
AT NO TIME SHALL ITCS ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT, LOSS OF WEBSITE OR LOSS OF EMAIL ONCE MIGRATION STATUS IS ESTABLISHED.
ITCS may at its discretion, help Customer with the moving of content and data once an account has been set to Migration Status, but this work will be chargeable at a rate of £100 per hour, plus VAT.
Customer agrees that ITCS shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
Customer further agrees that ITCS shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
Customer agrees that it shall not hold ITCS liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
ITCS are not liable for customer site content backups on their hosting platforms unless the customer has specifically contracted ITCS for a Managed Site Back Up service in addition to our regular Hosting Packages. ITCS have made every reasonable attempt to protect the security and integrity of customer's websites but offers no warranty as to the ability to restore site content in the event of a server failure unless the customer has specifically contracted for a Managed Site Back Up service.
IN NO EVENT SHALL ITCS LIABILITY EXCEED THE TOTAL VALUE PAID TO ITCS BY CUSTOMER.
Representation and/or Warranties
ITCS makes no representations and cannot guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold ITCS liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party.
Client Content, Backups and Data Loss
ITCS performs backups of all server content at least once per month and we make every effort to insure that these backups are valid. However we assume no liability for any information published to any server including all customer website content, related files, backup files, databases or mail belonging to any customer hosted by ITCS. These Backup arrangements are intended for the use of ITCS to facilitate the efficient operation of the ITCS servers. Whilst such Backups may facilitate the restoration of lost client content we make no warranty that this is possible and should such restoration be required a fee may be chargeable.
ITCS assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backup tapes. Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on ITCS Servers, or of any database maintained on any server operated by ITCS.
AT NO TIME SHALL ITCS ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT UNLESS OTHERWISE AGREED IN WRITING.
Customer understands that the Internet and other various networking communications are not secure.
Customer will ensure that its use of the Internet and any service provided by ITCS to it complies with all applicable government and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and adult content. In the event that Customer violates this provision, ITCS shall have the right to consider same a breach of this Agreement by customer which shall entitle ITCS to terminate Customer immediately without prior notice. It shall be within the sole discretion of ITCS to deem material as inappropriate.
Integrity of Information
Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.
Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. ITCS shall not be liable for any breach of security caused by Customer or third parties.
IN NO EVENT SHALL ITCS LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN ITCS AND CUSTOMER.
ITCS will use its best efforts to maintain the integrity and security of Customer's password.
Domain Name Ownership
Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall ITCS be responsible for this cost.
Web based e-mail may be provided by ITCS for their hosted customers but this service is not intended to be used as a secure repository for customer e-mail. ITCS does not backup the mail accounts of its customers and customers store their e-mail on ITCS servers at their own risk.
ITCS reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above any specified limit communicated to the customer. Customers exceeding reasonable usage monitored by ITCS Hosting will be given the option to pay for excess usage or will be given notice that they must upgrade their service to a more suitable hosting package. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to charge the account for excessive bandwidth usage.
Hosting Account Ownership
The billing contact, as registered with ITCS is considered to be the account owner. ITCS will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.
Customer agrees to indemnify and hold ITCS harmless in any legal action which arises as a result of Customer's use of ITCS services, without limitation or exception including, but not limited to any action brought against Customer by a third party.
Jurisdiction and Governing Law
Customers whose hosting services are provided by ITCS shall be governed by the laws of England and Wales.
Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
The terms and conditions of this Agreement may be modified at the discretion of ITCS.
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Customer's failure to properly notify ITCS via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same. Use of the services or hosting platforms of ITCS will constitute Customer's acceptance of these terms and conditions, which shall remain in force until the agreement is terminated by either party in accordance with the notice provision set forth herein.
* NOTICE CONCERNING MAILING LISTS, UNSOLICITED MAILINGS (SPAM)*
ITCS STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY UNSOLICITED MAIL (SPAM). IF ANY DOMAIN HOSTED BY ITCS, PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, UNSOLICITED BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO ITCS SERVICES AND HOSTING WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. ITCS DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON ITCS SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES. MAILING LISTS HOSTED ON ITCS SERVERS ARE NOT TO BE USED TO DEVELOP UNSOLICITED MAILING LISTS OR BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY ITCS IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF ITCS HOSTING’S SMTP SERVERS.
CUSTOMERS USING OUR SERVICES OR HOSTING ACKNOWLEDGE THIS POLICY CONCERNING UNSOLICITED MAILINGS AND AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY ITCS OR ANY OTHER SMTP SERVICE ASSOCIATED WITH ITCS FOR THE PURPOSE OF SENDING ANY UNSOLICITED BULK MAILINGS.