Terms and Conditions

"Websalive.com" and "Websalive" are titles under which Risk Control (UK) Limited provides World Wide Web page hosting and associated services.

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 UK law.

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 versa):
"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 archiving.
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 of notification.

3 RIGHTS RESERVED BY Risk Control (UK) Limited
3.1 To alter or amend its arrangements for the customer's access to the service,
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 Service:
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 program;
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 notice.
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 discover these.

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 (UK) Limited.
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 stated.
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 or remedy):
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 fee.
7.4 The customer may terminate their access to the service by providing written notice.
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 authorities.

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