Terms & Conditions
Terms Of Service (TOS)
The Parties
1. Y-net UK ("the Company")
2. ("the Client")
Recitals
The Company is engaged in the business of providing internet services, including but not limited to the supply of Dedicated Servers, Web Hosting, Internet Broadcast Hosting, BeSpoke Hosting Services, SEO, VPS, Software and shared backup/storage services.
By using any of "The Company" services means you agree to our terms and conditions.
The Client wishes to use these Services, and the Company agrees to provide Services to the Client on the following terms and conditions:
Definitions.
* "Agreement" means this Agreement between the Company and Client
* "Bandwidth" means the allocated transmission capacity specified in this Agreement
* "Charges" means those charges set out in this Agreement
* "Server" means the computer equipment operated by the Company in connection with the provision of the Services
* "Service" or "Services" means the service or services respectively set out in this agreement
* "VPS" means virtual private server allocated by the Company for the Client's use as a virtual private server on the internet.
* "SOFTWARE" means any software supplied or provided by the Company
Terms and Conditions
1. The Client is responsible for the actions of any third-party to whom they allow access to the Service
2. All data stored or transmitted must be legal under all applicable US / UK & European laws. The Client is solely responsible for determining the legality of their data, which is stored or transmitted within and outside the UK. We do not permit the downloading, uploading or sharing in any form of any type of Pornography. Any Pornography found on or related to a clients hosting service will be instantly terminated without prior notice with no refund available for any remaining days hosting you may have unused.
3. Should the Client become the target of a network attack, we reserve the right to take any necessary actions (including, but not limited to, suspension of the Client's account) required to return server or network operation to normal.
4. We will use our best efforts to maintain, but do not guarantee, the privacy of email, network use, and the contents of user directories.
5. Any use of your service which interferes with the server's / networks ability to function in its primary purpose of providing servers, services, multiple VPS or shared backup service is prohibited, in such case you will be asked to upgrade or in extreme cases we may suspend / terminate your service.
6. Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass crossposting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site hosted on the Server or sent via the Server, is prohibited.
7. Use of the Services to provide software or lists for mass mailing unsolicited email is prohibited.
8. Use of the Services to commit network or any other forms of abuse (including, but not limited to, denial of service attacks (ddos) such as ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop", "spoofing","phishing" etc.) or otherwise compromise the security of hosts or networks is prohibited and will be reported to local authorities and all services supplied by us to you will terminated without any refund or notice whatsoever.
9. The Client will indemnify and hold harmless the Company against any loss, damage, cost and expense which we may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the Client's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions.
10. If we are informed of an alleged Digital Millennium Copyright Act (DMCA) / EUCD copyright or trademark infringement involving a Client's Services, we will attempt to notify the Client of those allegations and secure a response. We may, at our sole discretion, remove or terminate the Services containing, on a temporary or permanent basis, materials which we believe may create, constitute, or contribute to copyright or trademark infringements. Client expressly waives the right to assert any claims against us for any such removal or termination.
11. Accounts may be invoiced on a monthly, quarterly or annual basis. Payment is due upon receipt of each invoice and must be cleared in our account 5 days before your billing due date. Overdue accounts will be subject to a late/admin fee of £5 (UK Pounds) and your account will be automatically suspended after your due invoice date should your invoice not have been paid in full, all data will be deleted and the account terminated after 72 hours days of your due invoice date without any further notification. If your account is in default and invoices are outstanding then all hosting services will be suspended until your account is cleared and all invoices paid in full (if this is after 72 hours then your data may be deleted already!)
12. Additional Charges due to Bandwidth use in excess of that specified in this agreement will be invoiced on a monthly basis for immediate payment, charged at the rate you agreed with the service you took. (not all services incur bandwidth charges)
13. We may terminate Services to the Client at any time, without notice, for violation of this agreement. We will not be liable for any damages or harm to the Client resulting from such termination.
14. The company will set up your order within the stated time designated to the product / servicewhich is usually stated in the welcome email or on the order form unless further notified in writing via email or support ticket.
15. The Client may terminate their hosting account at any time. In order to do this the client must give us 30 days notification to cancel their hosting services, the request to terminate the account must be in writing either via the cancellation request form or a support ticket in the clientarea your 30 days notice will start from when we confirm your cancellation.
16. Use of the Services indicates acceptance of the Agreement by the Client.
17. Use of the Services, including the storage of information and data, is at the Client's sole risk and the Client should insure themselves against any such loss.
18. The client is in charge of their own backups, The Company can not be held liable for the loss of any data or information. Backups are to be carried out by the client. The Company can not be held responsible for loss of such data or information due to equipment failure or other matters beyond our control even though we do our best to keep your data safe.
19. We may temporarily suspend for the purpose of repair, maintenance or improvement, part or all of the Services, generally without notice. We undertake to use reasonable endeavors to inform Clients of future Service changes and/or downtime where possible and to restore Services as soon as practical after any such suspension. Necessary suspension of Services does not indemnify refunds or any other loss under the loss of Services provision above.
20. We may vary the technical specification of Service for operational reasons with our prior notice.
21. The Company has the right to terminate The Client's account if the client should in any way become abusive towards The Company or The Company's Staff, Foul language and vocal abuse will not be tolerated in any way form of communication (email, ticket, phone, letter etc). Abuse and slander towards the company will result in immediate termination without prior notification.
22. Should your account be terminated or cancelled, no refund covering any remaining period of paid services will be made. Any credit which you have in your clientarea account can be used for future services / products and can only be used on our website / clientarea /. We will not be held responsible for any other charges directly, indirectly or otherwise due as a result of suspension of Services.
EULA (For Software Licenses)
END USER LICENSE AGREEMENT (EULA) FOR Y-Net UK's SOFTWARE
IMPORTANT-READ CAREFULLY
Be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement ("EULA"). Use of this product constitutes your acceptance of these terms and conditions and your agreement to abide by them.
This EULA is a legal agreement between you (either an individual or a single entity) and Y-Net for the software accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE
Each individual user, company, agency or institution that uses this SOFTWARE have to pay the license, one per each computer on which the program is used.
Licensed user will receive unique identification number (user code) which will be embedded in each protected program together with user personal data (First name and Last name or Company name).
This EULA grants you the following rights:
- You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE, on a single computer, workstation, terminal, handheld PC, smart phone or other digital electronic device ("COMPUTER") unless additional licenses have been agreed upon (stated on the sales page) or purchased.
- You may use the SOFTWARE to for the purpose it is intended for only.
- You may not distribute any part of it.
- Reservation of Rights: All rights not expressly granted are reserved by Y-Net UK.
2. RESTRICTIONS
- You must maintain all copyright notices on all copies of the SOFTWARE.
- Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE.
- Rental. You may not rent or lease or lend the SOFTWARE.
- Software Transfer to another party. You may permanently transfer all of your rights under this EULA one time, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity) and the recipient agrees to the terms of this EULA. Please note that software will still hold original license owner (your) information. New license will be required in case new license owner requires this information to be changed.
- Support Services. Y-Net may provide you with support services related to the SOFTWARE ("Support Services"), in its discretion. Use of Support Services, if any, is governed by the Y-Net policies and programs described in the user manual, in "online" documentation, and/or other Y-Net-provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFTWARE and subject to the terms of this EULA. With respect to technical information you provide to Y-Net as part of the Support Services, Y-Net may use such information for its business purposes, including for product support and development. Y-Net will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.
- Replacement, Modification and Upgrade of the Software. Y-Net reserves the right to replace, modify or upgrade the SOFTWARE at any time by offering you a replacement or modified version of the SOFTWARE or such upgrade and to charge for such replacement, modification or upgrade. Software replacements, modifications and upgrades are governed by the Y-Net policies and programs described in the user manual, in "online" documentation, and/or other Y-Net-provided materials. Any such replacement or modified software code or upgrade to the SOFTWARE offered to you by Y-Net shall be considered part of the SOFTWARE and subject to the terms of this EULA (unless this EULA is superceded by a further EULA accompanying such replacement or modified version of or upgrade to the SOFTWARE). In the event that Y-Net offers a replacement or modified version of or any upgrade to the SOFTWARE, (a) your continued use of the SOFTWARE is conditioned on your acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any accompanying superceding EULA and (b) in the case of the replacement or modified SOFTWARE, your use of all prior versions of the SOFTWARE is terminated.
- Trial (DEMO) version (If Offered): You may use DEMO version of SOFTWARE for evaluation purposes from 7 to 30 days depending on which trial version you have (if you have a trial version). No files protected with SOFTWARE during this period may be distributed to other users, commercially or non-commercially. After this evaluation period you must either pay for a licensed copy of SOFTWARE or stop using DEMO version.
3. TERMINATION
Without prejudice to any other rights, Y-Net may terminate this EULA if you fail to comply with the terms and conditions of this EULA. Y-Net may terminate this EULA by offering you a superceding EULA for the SOFTWARE or any replacement or modified version of or upgrade to the SOFTWARE and conditioning your continued use of the SOFTWARE or such replacement, modified or upgraded version on your acceptance of such superceding EULA. In addition, Y-Net may terminate this EULA by notifying you that your continued use of the SOFTWARE is prohibited. In the event that Y-Net terminates this EULA, you must immediately stop using the SOFTWARE and destroy all copies of the SOFTWARE and all of its component parts. In such cases no refund will be given.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by the respective content owner. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE contains documentation which is provided only in electronic form, you may print a copy of such electronic documentation for your personal use. You may not copy the printed materials accompanying the SOFTWARE.
5. DISCLAIMER OF WARRANTIES
Y-Net AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
ANY LINKS FOUND WITHIN THE SOFTWARE OR ANY PAGES LINKED TO BY THE SOFTWARE YOU SHOULD ASSUME THEY COULD BE AFFILIATE LINKS AND WE MAY EARN COMMISSION BY YOU CLICKING ON THEM OR TAKING ACTION ON THE SITES YOU VISIT VIA THEM, THIS COULD INCLUDE BUT IS NOT LIMITED TO PURCHASING GOODS OR SERVICES.
6. EXCLUSION OF ALL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Y-Net OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Y-Net OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. LIMITATION AND RELEASE OF LIABILITY
To the full extent allowed by law, YOU HEREBY RELEASE Y-Net AND ITS SUPPLIERS / ASSOCIATES FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not install the SOFTWARE.
8. QUESTIONS
Should you have any questions, or if you desire to contact us then please do so via our help desk at www.client-area.biz
9. REFUND POLICY
Unless otherwise stated on the sales page at the time of purchase we will not offer refunds / returns for our software for any reason. If we do offer such refunds (within 30 days of purchase) then they will be stated on the sales page where you purchased the software, in such a case a refund would only be offered if there is a technical issue with the software which we can not fix.
EULA - Last Updated: 9th January 2018
