"Websalive.com" and "Websalive" are titles under
which Risk Control (UK) Limited provides World Wide Web page hosting and
By purchasing and/or by using our services, you state that you agree
to the following terms. Breach of any of the following standard terms
and conditions will result in the immediate removal of your site(s) from
our servers. Any such removal does not release you from your other legal
obligations and liabilities to us as detailed below, or as standard under
1 INTERPRETATION AND DEFINITIONS
This contract governs the provision of Risk Control (UK) Limited service
to the customer.
1.2 In this contract the following terms shall have the respective meanings
assigned to them (words in the plural include the singular and vice
"Risk Control", "Websalive" and "Websalive.com"
means Risk Control (UK) Limited;
"The Service" means the services provided by Risk Control
(UK) Limited to enable the customer to access the Internet and, where
applicable, any services and facilities provided by Risk Control (UK)
Limited in connection with the Service;
"Customer" means the person, or group of people, who receive
the service from Risk Control (UK) Limited under the terms of this contract;
"ID" means "User ID", the unique account identity
issued to each customer;
"Terminal" means all equipment and software used by a customer
to receive the service;
"Subscription fee" means the amount payable by the customer
for access to the service;
"Charges" refers to money owed by the customer as a result
of using any charged facility or service.
1.3 These terms and conditions are subject to the laws of England and
the customer hereby submits to the jurisdiction of the English Courts.
2 PROVISION OF Risk Control (UK) Limited SERVICE
2.1 The service shall comprise of such services and facilities provided
at such times, during such periods and in such circumstances as Risk
Control (UK) Limited shall decide from time to time.
2.2 The customer's access to the service may be occasionally restricted
to allow repairs, maintenance, implementation of new facilities and
2.3 Any application or request made by the customer to Risk Control
(UK) Limited for any change in service must be made in writing, unless
both Risk Control (UK) Limited and the customer agree upon another method
3 RIGHTS RESERVED BY Risk Control (UK) Limited
3.1 To alter or amend its arrangements for the customer's access to
3.2 To give instructions about use of the Service which Risk Control
(UK) Limited thinks reasonably to be necessary in the interests of safety,
or of the quality of Service to Risk Control (UK) Limited's other customers
and any such instructions shall whilst they are in force, be deemed
to form part of this contract.
3.3 To moniter the Monthly Bandwith Useage of a customer-where applicable-
and to implement restrictions on available bandwith. Permitted monthly
bandwith is detailed within the "Web Hosting" pages. Risk
Control (UK) Limited reserve the right to make additional charges for
useage in excess of the limit at the prevailing rates.
4 USE OF THE SERVICE
4.1 The customer shall not, nor permit any other person to, use the
4.1.1 to send or receive any material which is illegal, abusive, indecent,
obscene, defamatory, racist, offensive, menacing, blasphemous or in
breach of confidence, copyright or any other rights;
4.1.2 to send any material containing a virus or other hostile computer
4.1.3 to cause annoyance, inconvenience or needless anxiety;
4.1.4 other than in accordance with the acceptable use policies of any
connected networks and the Internet Standards;
4.1.5 to send unsolicited advertising or mailshots of any kind.
4.1.6 No Warez, MP3sites or IRC Bots are permitted. Warez includes pirated
software, ROMS, emulators, phreaking, hacking, password cracking, IP
spoofing, games patches or games orientated material etc, and encrypting
of the above. This also includes any sites which provide "how to"
and "links to" information about such material.
4.1.7 Risk Control (UK) Limited reserve the right to remove material
deemed "inappropriate" from customers web pages without prior
4.2 Personal accounts are to be used by the primary user only. The customer
may not assign, transfer or 'sub-let' his or her right of access to
the service. Passwords and User names must not be divulged to other
persons. Reasonable steps must be taken to ensure that no other party
5 ACCESS TO THE SERVICE
5.1 Risk Control (UK) Limited shall not be held responsible for the
customer's inability to access the service due to incompatibility between
a customer's terminal equipment and any equipment used by Risk Control
5.2 The customer will still be liable to any charges for the service
if they become unable to access the service for any period of time.
5.3 Risk Control (UK) Limited shall not be held liable for any inability
to access the service due to faults in any communications network between
the customer and Risk Control (UK) Limited Limited.
6 CHARGES FOR THE SERVICE
6.1 Risk Control (UK) Limited shall collect any charges relating to
facilities available on the service.
6.2 Risk Control (UK) Limited may alter the subscription fee or any
of its charges at any time by giving notice of the change on the service
before the new charges are levied against the customer.
6.3 The subscription fees are payable in advance and are not refundable,
except where stated otherwise.
6.4 Charges and subscription fees shall be payable on demand.
6.5 Risk Control (UK) Limited shall collect any charges accrued by the
customer or anyone using the customer's ID at any time.
6.6 Charges are exclusive of value added tax unless otherwise stated.
VAT at the standard rate of 17.5% will be added to all invoices.
6.7 Charges and subscription fees do not include charges for any communications
service used to connect the customer to the service unless otherwise
6.8 Risk Control (UK) Limited shall charge interest on any unpaid amounts
at a rate decided by Risk Control (UK) Limited from time to time.
6.9 Cheques returned unpaid by the customer's bank shall incur an administration
charge of £30 pounds Sterling, in each and every instance.
7 TERMINATION AND SUSPENSION OF SERVICE
7.1 If a customer:
7.1.1 fails to pay any subscription fees or charges;
7.1.2 is the subject of a bankruptcy order;
7.1.3 fails to follow any part of this or any contract that it holds
with Risk Control (UK) Limited;
7.2 Risk Control (UK) Limited may (without prejudice to any other right
7.2.1 suspend the customer's access to the service whilst the customer
continues to pay any of the charges and subscription fees
7.2.2 after giving written notice, terminate the contract between the
customer and Risk Control (UK) Limited. The unused portion of the customer's
subscription fee will not be returned.
7.3 Risk Control (UK) Limited may terminate the customer's access to
the whole or any part of its services at any time and for any reason
by giving written notice and returning the unused portion of the subscription
7.4 The customer may terminate their access to the service by providing
7.5 Any notice of cancellation/termination the customer sends will take
effect at the end of the calendar month in which the notice was received.
7.6 If for any reason the contract between the customer and Risk Control
(UK) Limited is terminated the customer shall remain liable for all
outstanding charges and subscription fees and this contract shall continue
to cover any material sent by the customer for as long as it remains
on the service.
7.7 Risk Control (UK) Limited reserve the right to delete all files
including web pages when an account is closed.
8 LIMITATION OF LIABILITY
8.1 Risk Control (UK) Limited has no obligation, duty or liability for
breach of statutory duty or otherwise beyond that of a duty to exercise
reasonable skill and care.
8.2 The customer acknowledges that Risk Control (UK) Limited has no
control over the information transmitted via the Service and that Risk
Control (UK) Limited does not examine the use to which customers put
the Service or the nature of the information they are sending or receiving.
Risk Control (UK) Limited hereby excludes all liability of any kind
for the transmission or reception of information of whatever nature.
8.3 Risk Control (UK) Limited is, in no circumstance, liable in contract
or otherwise for direct or indirect loss of business, revenue profits,
savings, wasted expenditure, corruption or destruction of data or for
any indirect or consequential loss whatever.
8.4 Risk Control (UK) Limited does not provide a "back-up"
of data stored on servers. The customer shall ensure that all information
is independently "backed-up".
8.5 In any event Risk Control (UK) Limited liability shall be limited
to the amount the customer has paid in respect of service for the subscription
period in which the incident or series of incidents occurred.
8.6 The customer shall indemnify Risk Control (UK) Limited against any
claims, legal proceeding and expenses (including legal fees), arising
from the Customer's use of the Service which are brought or threatened
against Risk Control (UK) Limited by another person or agency.
8.7In the event of any part of this agreement being held inapplicable
or unreasonable, the remainder of the agreement shall remain in full
force and any clause held inapplicable or unreasonable shall be enforced
to the fullest extent possible.
8.8 Risk Control (UK) Limited may at any time, with immediate effect,
modify these terms and conditions by publishing the amended service
agreement on the service.
9 SERVICE OF NOTICE
9.1 Any written document shall be deemed to be given or served by Risk
Control (UK) Limited on the day that it is emailed to the customer's
User ID or posted to, or left at, the address given by the customer
for receiving bills.
9.2 Any information published on the service, including changes to subscription
fees or charges, shall be deemed to be given or served by Risk Control
(UK) Limited on the day that it is published.
10 FORCE MAJEURE
10.1 Risk Control (UK) Limited shall not be held liable for any breach
of this contract caused by circumstances out of its control including
Acts of God, fire, lightening, explosion, war, disorder, flood, civil
unrest, industrial disputes (whether or not involving its employees),
severe weather or acts of local or central Government or other competent