Terms & Conditions
1) Terms & Conditions of Trade
2) Broadband Terms & Conditions
3) Acceptable Use Policy
4) Privacy Policy
5) Broadband Performance Policy
6) Refund Policy
7) Domain Names Policy
All customers must abide by ALL polices and Terms and Conditions of Trade accept the Broadband Terms and Conditions also the Broadband Performance Policy only applies to Broadband Service customers.
All customers agreed to this document at account / product signup.
1) Terms and Conditions of Trade
You indicate acceptance of these terms and conditions of service by placing an order with Variety Media UK. These terms and conditions will not be varied for individual customers.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "Downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether register able or not in any country;
1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "Server" means the computer server equipment operated by Variety Media UK in connection with the provision of the Services;
1.1.7 "The Services" means web hosting, domain name registration, email and any other services or facilities provided by Variety Media UK.
1.1.8 "Spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "Trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at www.varietymediauk.com
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2 INTRODUCTIONS
2.1 The Customer wishes to provide Variety Media UK with data that will be hosted on Variety Media UK's servers and made accessible via the Internet.
2.2 Variety Media UK provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
3 DUTIES
3.1 Variety Media UK shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to Variety Media UK the Website and the software used in the Website which is owned by the Customer, or licensed to him by a third party or Variety Media UK, in a format specified by Variety Media UK.
4 CHARGES, PAYMENT AND MONEY BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard, Visa, American Express), debit cards (including Switch/Maestro) and direct debits (Paid via PayPal).
4.2 Variety Media UK do not accept any other form of payment other than those outlined in 4.1
4.3 The Charges are inclusive of VAT, which if payable shall be paid by the Customer.
4.4 Variety Media UK shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 Variety Media UK do provide credit facilities only for pre-agreed customers.
4.6 From time to time Variety Media UK may make enquiries on the Customers Company, proprietor or directors of the Customers Company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 Variety Media UK provide "Money Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket at http://www.varietymediauk.com/support.htm within 30 days of placing your order for a full refund. This guarantee excludes domain names and broadband service which may not be cancelled once ordered.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
5 IP ADDRESSES
5.1 Variety Media UK shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where Variety Media UK changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to Variety Media UK in order to use the Services, Variety Media UK grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Variety Media UK Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Variety Media UK Software.
6.2 In relation to Variety Media UK's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Variety Media UK a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the Website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Variety Media UK any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Variety Media UK Software.
6.4 Variety Media UK may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including backup copies of the Content. Upon termination or expiration of this Agreement, Variety Media UK shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 Variety Media UK shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Variety Media Unmakes no warranties or representations that the Service will be uninterrupted or error-free and Variety Media UK shall not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 Variety Media UK carries out data backups for use by Variety Media UK in the event of systems failure. Variety Media UK does not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Variety Media UK accepts no responsibility for data loss or corruption.
8 ACCEPTABLE USE POLICIES
8.1 The Website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 Use the Services or the Website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Wares), via the Services or on the Website;
8.1.4 Threaten, abuse, disrupts or otherwise violates the rights (including rights of privacy and publicity) of others;
8.1.5 Engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 Make available or upload files to the Website or to the Services that the Customer knows contain a virus, worm, Trojan or corrupt data; or
8.1.7 Obtain or attempt to obtain access, through whatever means, to areas of Variety Media UK's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 Operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Variety Media UK is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Variety Media UK shall be entitled to withdraw the Services and terminate the Customer's account without notice.
8.4 Unmetered / Unlimited Reseller accounts, this means up to the server’s capabilities. Once the hard drives are full on that server this is the limit. No more can be added so another reseller account would need to be purchased on another server to be able to add more accounts. This applies to any reseller with an offer package. If you have a full priced reseller package at £39.99 you will be given another reseller account on another server so you would run them both. Once this server becomes full you would be given another server and so on. Please note this only applies to customers paying the full rental price.
9 ALTERATIONS AND UPDATES
All alterations and updates to the Website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Variety Media UK and the password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to Variety Media UK that Variety Media UK's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Variety Media UK as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Variety Media UK shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
11 INDEMNITIES
The Customer agrees to indemnify and hold Variety Media UK and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Variety Media UK arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit Variety Media UK's liability for death or personal injury resulting from Variety Media UK's negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of Variety Media UK to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall Variety Media UK be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Variety Media UK had been made aware of the possibility of the Customer incurring such a loss.
13 TERMS AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.2 Variety Media UK shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 The other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 The other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customer’s account will be deleted.
14 ASSIGNMENTS
14.1 Variety Media UK may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Variety Media UK's prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
16 SEVERANCES
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions here of shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
17 NOTICES
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
18 ENTIRE AGREEMENTS
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATIONS
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant who is database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Variety Media UK will provide a full refund for that domain name.
21 SCRIPTING
Variety Media UK are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
22 PRIVACY
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
23.2 Web hosting accounts that are prohibited from hosting file distribution websites, adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites, reselling or giving away web space under a domain, sub domain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
2) Broadband Terms and Conditions
The below Broadband Terms and Conditions and our Terms and Conditions of Trade set out below apply to all broadband services.
The Terms below set out the basis on which we will provide services to you. Part A contains the general terms and Part B terms relating to specific services.
Part A
1 DEFINITIONS
1.1 In these Terms, the following words shall (unless the context otherwise requires) have the following meanings:
• Additional Charges - any charges additional to the Fee that may be invoiced by us to you in accordance with these Terms (whether by virtue of a specific provision or otherwise) which will be calculated on a time and materials basis in accordance with our then current standard rates;
• Agreement - these Terms and the Order Form;
• BT - British Telecommunications PLC;
• Carrier - any supplier to us from time to time of telecommunications services in respect of the Service;
• Equipment – any hardware supplied by us to you in order for you to receive the Service;
• Fees - the amount(s) payable by you (including VAT) for the Services set out in Part B;
• IPR - all patents, copyright, moral rights, design rights, know-how, Confidential Information, database rights, trademarks and service marks together with applications to register any of the above (where applicable);
• Order Form - the on-line form signed by you in respect of the Services;
• Party - You and Us;
• Services - the services listed on the Order Form and in respect of each specific terms are set out in Part B and the detailed specifications are set out in the relevant Product Information Sheet displayed on our Web Site;
• Start Date - the earliest of the Start Dates set out in Part B;
• Terms - these terms and conditions consisting of Part A and Part B;
• Us, We, Our - Variety Media UK Broadband Registered Company Number: 05910515 of 20 St Anns Lane, Godmanchester, Huntingdon, CAMBS, PE29 2JE.
• Your, you - the organisation or person requiring the Services whose details are set out in the Order Form;
• Web Site - www.varietymediauk.com
2 OUR OBLIGATIONS
2.1 We agree to provide to you the Services for the Fees. To avoid doubt, BT will still bill you for the rental of your BT line.
2.2 We will use all reasonable endeavours to provide the Services without interruption and materially error free.
2.3 You acknowledge that our obligations may be carried out on our behalf by a Carrier or other sub-contractor or agent.
2.4 Your bill will be calculated using data recorded by us and not from your own records. Our billing systems will meet standards of accuracy approved by our industry regulator.
3 YOUR OBLIGATIONS
3.1 You agree to pay the Fees as shown on the Order Form. We will bill you for all: (a) Fees; and (b) calls made at the rates set out on our Web Site, as amended from time to time. We may change our Fees and/or calls but will aim to let you know at least 21 days in advance of any change we are making. You must pay either by Credit or Debit Card or by Direct Debit from a bank account. We may vary these methods from time to time. You must provide us with all necessary information and authority we need to set up a variable Direct Debit. We shall be entitled to withhold our Services if your bank has not confirmed that the Direct Debit has been established.
3.2 You are responsible for the cost of all charges you incur while using the Services (whether you make the calls or someone else does). We may apply a usage limit to your account. If you reach your usage limit during any billing period we will inform you promptly and, if you do not immediately pay at least half the charges incurred, we may suspend the Services. However, you will still be responsible for all charges incurred using the Services, including those that exceed the limit.
3.3 You agree that all information you have given to us is correct and that you will inform us if it changes. You accept that you will be liable for Additional Charges if you give us incorrect information that we act on.
3.4 You agree to indemnify us and any Carrier against any loss either of us may suffer from your use of the Services.
3.5 You agree that you will:
3.5.1 Comply with any reasonable instructions or directions issued by Us from time to time in respect of the Services;
3.5.2 Conform to such protocols and standards as are issued from time to time in respect of the use of the Internet or the Services;
3.5.3 Fully indemnify us against any costs and claims from any third party resulting from your acts or omissions in respect of the Services; and
3.5.4 Comply with all applicable legislation (including but not limited to matters arising under the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000).
3.6 You agree that you will not (and you will ensure that your employees, agents and sub-contractors do not):
3.6.1 Use the Services for any unlawful purpose or in contravention of any English or other law. This includes but is not limited to:
A. any act or omission which will or is likely to infringe the intellectual property rights of a third party;
b. the transmission, display, downloading or uploading of any material or text which is or is likely to be construed as defamatory, offensive, abusive, obscene or which will or is likely to cause unnecessary anxiety or inconvenience to a third party;
c. use of the Services in any way which is or is likely to violate or infringe the rights of any individual, firm or company in the United Kingdom or elsewhere.
3.6.2 Send or procure the sending of unsolicited advertising or promotional material; or
3.6.3 use the Services in a way that does not comply with any instructions given by Us for reasons of health, safety or the quality of the Carrier's telecommunications services or our system; or
3.6.4 Use the Services in any way that will or is likely to make excessive use of our network (including but not limited to spamming).
3.7 The person signing the Order Form warrants his or her authority to bind you to this Agreement.
4 LIABILITY
4.1 Save as required by law and as expressly provided in these Terms, We do not warrant the Services or the Equipment against failure of performance. We disclaim and you waive all other warranties, express or implied, with respect to the services or the equipment, arising by law or otherwise, including, without limitation any implied warranty of satisfactory quality, fitness for a particular purpose and any obligation, liability, right, remedy, claim in tort, notwithstanding any fault, negligence, strict liability or product liability of us (whether express or implied) so far as the law permits.
4.2 You agree that We are not liable in contract or tort (other than fraudulent or negligent misrepresentation) or otherwise arising out of or in connection with these Terms for economic loss (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings), loss of goodwill or reputation, indirect or consequential losses whether or not such losses Were within our
4.3 Subject to clause 4.4 our total aggregate liability to You arising out of or in connection with this Agreement and the performance or observation of our obligations under it shall be limited to the greater of: (a) the amount paid by You to Us in the twelve months prior to the date on which Your claim arose; and (b) £1,000.
4.4 Nothing in this Agreement shall: (a) exclude or limit liability for death or personal injury resulting from our negligence or that of the carrier, our employees or sub-contractors; or (b) affect your statutory rights if you are a consumer.
5 PROPRIETARY RIGHTS
5.1 All title, rights and interest (including but not limited to ownership and IPR) in the Services remain with us the Carrier and our suppliers. You acknowledge such title, interest and rights and You shall not take any action or omit to take any action which will or is likely to jeopardise, limit or interfere in any manner such title, right or interest.
5.2 Title and related rights in any content accessed through the Service are the property of the applicable content owner and are protected by applicable laws. The right to use granted to you under clause 2.1 gives you no rights to such content. If you wish to use such content, you must ensure that you have the appropriate consent or licence of the content owner.
5.3 You acknowledge that you shall have no rights to any IPR in the Services.
6 TERMINATION/SUSPENSION
6.1 Independent of any additional rights to terminate set out in Part B, We may terminate or suspend Your use of the Services (or any of them) at any time, at our sole discretion and without notice, if You breach any term of these Terms or we have reason to believe that You have or may have breached any of these Terms (including but not limited to where a third party has alleged that there has been some act or omission by You that may amount to a breach).
6.2 Subject to the provisions of Part B: SDSL Connection, which requires three months prior notice of termination, or unless terminated as set out elsewhere, this Agreement will continue until you give us at least thirty (30) days' written notice. Such notice will terminate this Agreement.
6.3 Termination by You in certain circumstances may incur a cancellation fee. Where this is the case this will be set out in Part B.
6.4 If we are in material breach of these Terms, You may terminate this Agreement by giving us reasonable written notice.
6.5 Upon termination of this Agreement for any reason your right to use the Service(s) shall immediately terminate and you shall immediately stop using the Service.
6.6 We can also end the Agreement immediately if: (a) You become bankrupt, or (b) the Services are used for any illegal or fraudulent purposes, or (c) You have broken any term of the Agreement (but, if it can be remedied, We will give You 7 days to put that breach right); and/ or (d) any payment is not made when it is due.
6.7 We may suspend any Service to You if we reasonably consider that the charges that you are incurring are higher than usual for the type of service that you are receiving (or your usage is higher than normal) and/or we have reasonable grounds to doubt that you will be able to pay your bill.
6.8 If you have bought the Services for personal use (as opposed to for business use), then you are entitled to a statutory "cooling-off" period of seven business days, starting from the day after you ordered the Services. To cancel the Services please send a written notice, either by post, e-mail or fax telling Us to cancel the Services, to the addresses set out in Clause 8.4, Part A below, marked for the attention of Customer Services. We will refund the charges for any Equipment and delivery and will cancel any payment arrangements within 30 days of receipt of the notice.
If You cancel the Services then You must also send back any Equipment to us within 10 business days of the cancellation to the company address set out in Clause 8.4, Part A below, marked for the attention of Customer Services. You will be responsible for the cost of returning the Equipment to us unless we delivered it to you by mistake or it was damaged or defective when you received it. For high value items we recommend that you use a recorded delivery service for your own protection. If you don't send the Equipment back to us within 10 business days, then we may collect it from the address you have given us, at your cost (which we may deduct from any refund due to you). Please note that you will lose your right to cancel if you start using the Service within the cooling-off period.
7 CONFIDENTIALITY
7.1 Each of Us shall while We are providing Services under these Terms and thereafter keep secret and confidential all business, technical or commercial information disclosed to one of Us by the other or otherwise which belongs to the other its sub-contractors, carriers, telecommunication providers or clients (and shall procure that its agents and/or employees are similarly bound) and shall not disclose the same to any person save to the extent necessary to perform its obligations in accordance with the terms of these Terms or save as expressly authorised in writing to be disclosed by the other.
7.2 The obligation of confidentiality contained in clause 7.1 shall not apply or (as the case may be) shall cease to apply to business, technical or commercial information which:
7.2.1 at the time of its disclosure by the disclosing Party is already in the public domain or which subsequently enters the public domain other than by the breach of these Terms; and/or
7.2.2 Is required to be disclosed under applicable law or order of a court of competent jurisdiction or government department or agency or by the London Stock Exchange, provided that prior to such disclosure the receiving Party shall advise to the disclosing Party of the proposed form of disclosure.
8 GENERAL
8.1 You accept that we may, in accordance with legal requirements, have to disclose information to governmental organisations (including the police) in respect of your use of the Services. Subject to any legal prohibitions to the contrary we will notify you of such disclosure as soon as reasonably possible.
8.2 We may from time to time wish to notify you of additional services provided by us or third parties that we believe may be of interest to you. If you do not want to receive such information please write to us at the address for notice.
8.3 We shall not be liable for any breach of our obligations hereunder resulting from causes beyond our reasonable control including but not limited to fires, strikes (of own or other employees) insurrection, or riots, embargoes or delays in transportation, inability to obtain supplies, acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers.
2) Broadband Terms & Conditions
3) Acceptable Use Policy
4) Privacy Policy
5) Broadband Performance Policy
6) Refund Policy
7) Domain Names Policy
All customers must abide by ALL polices and Terms and Conditions of Trade accept the Broadband Terms and Conditions also the Broadband Performance Policy only applies to Broadband Service customers.
All customers agreed to this document at account / product signup.
1) Terms and Conditions of Trade
You indicate acceptance of these terms and conditions of service by placing an order with Variety Media UK. These terms and conditions will not be varied for individual customers.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "Downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether register able or not in any country;
1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "Server" means the computer server equipment operated by Variety Media UK in connection with the provision of the Services;
1.1.7 "The Services" means web hosting, domain name registration, email and any other services or facilities provided by Variety Media UK.
1.1.8 "Spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "Trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at www.varietymediauk.com
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2 INTRODUCTIONS
2.1 The Customer wishes to provide Variety Media UK with data that will be hosted on Variety Media UK's servers and made accessible via the Internet.
2.2 Variety Media UK provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
3 DUTIES
3.1 Variety Media UK shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to Variety Media UK the Website and the software used in the Website which is owned by the Customer, or licensed to him by a third party or Variety Media UK, in a format specified by Variety Media UK.
4 CHARGES, PAYMENT AND MONEY BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard, Visa, American Express), debit cards (including Switch/Maestro) and direct debits (Paid via PayPal).
4.2 Variety Media UK do not accept any other form of payment other than those outlined in 4.1
4.3 The Charges are inclusive of VAT, which if payable shall be paid by the Customer.
4.4 Variety Media UK shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 Variety Media UK do provide credit facilities only for pre-agreed customers.
4.6 From time to time Variety Media UK may make enquiries on the Customers Company, proprietor or directors of the Customers Company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 Variety Media UK provide "Money Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket at http://www.varietymediauk.com/support.htm within 30 days of placing your order for a full refund. This guarantee excludes domain names and broadband service which may not be cancelled once ordered.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
5 IP ADDRESSES
5.1 Variety Media UK shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where Variety Media UK changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to Variety Media UK in order to use the Services, Variety Media UK grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Variety Media UK Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Variety Media UK Software.
6.2 In relation to Variety Media UK's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Variety Media UK a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the Website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Variety Media UK any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Variety Media UK Software.
6.4 Variety Media UK may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including backup copies of the Content. Upon termination or expiration of this Agreement, Variety Media UK shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 Variety Media UK shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Variety Media Unmakes no warranties or representations that the Service will be uninterrupted or error-free and Variety Media UK shall not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 Variety Media UK carries out data backups for use by Variety Media UK in the event of systems failure. Variety Media UK does not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Variety Media UK accepts no responsibility for data loss or corruption.
8 ACCEPTABLE USE POLICIES
8.1 The Website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 Use the Services or the Website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Wares), via the Services or on the Website;
8.1.4 Threaten, abuse, disrupts or otherwise violates the rights (including rights of privacy and publicity) of others;
8.1.5 Engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 Make available or upload files to the Website or to the Services that the Customer knows contain a virus, worm, Trojan or corrupt data; or
8.1.7 Obtain or attempt to obtain access, through whatever means, to areas of Variety Media UK's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 Operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Variety Media UK is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Variety Media UK shall be entitled to withdraw the Services and terminate the Customer's account without notice.
8.4 Unmetered / Unlimited Reseller accounts, this means up to the server’s capabilities. Once the hard drives are full on that server this is the limit. No more can be added so another reseller account would need to be purchased on another server to be able to add more accounts. This applies to any reseller with an offer package. If you have a full priced reseller package at £39.99 you will be given another reseller account on another server so you would run them both. Once this server becomes full you would be given another server and so on. Please note this only applies to customers paying the full rental price.
9 ALTERATIONS AND UPDATES
All alterations and updates to the Website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Variety Media UK and the password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to Variety Media UK that Variety Media UK's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Variety Media UK as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Variety Media UK shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
11 INDEMNITIES
The Customer agrees to indemnify and hold Variety Media UK and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Variety Media UK arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit Variety Media UK's liability for death or personal injury resulting from Variety Media UK's negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of Variety Media UK to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall Variety Media UK be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Variety Media UK had been made aware of the possibility of the Customer incurring such a loss.
13 TERMS AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.2 Variety Media UK shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 The other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 The other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customer’s account will be deleted.
14 ASSIGNMENTS
14.1 Variety Media UK may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Variety Media UK's prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
16 SEVERANCES
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions here of shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
17 NOTICES
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
18 ENTIRE AGREEMENTS
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATIONS
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant who is database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Variety Media UK will provide a full refund for that domain name.
21 SCRIPTING
Variety Media UK are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
22 PRIVACY
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
23.2 Web hosting accounts that are prohibited from hosting file distribution websites, adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites, reselling or giving away web space under a domain, sub domain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
2) Broadband Terms and Conditions
The below Broadband Terms and Conditions and our Terms and Conditions of Trade set out below apply to all broadband services.
The Terms below set out the basis on which we will provide services to you. Part A contains the general terms and Part B terms relating to specific services.
Part A
1 DEFINITIONS
1.1 In these Terms, the following words shall (unless the context otherwise requires) have the following meanings:
• Additional Charges - any charges additional to the Fee that may be invoiced by us to you in accordance with these Terms (whether by virtue of a specific provision or otherwise) which will be calculated on a time and materials basis in accordance with our then current standard rates;
• Agreement - these Terms and the Order Form;
• BT - British Telecommunications PLC;
• Carrier - any supplier to us from time to time of telecommunications services in respect of the Service;
• Equipment – any hardware supplied by us to you in order for you to receive the Service;
• Fees - the amount(s) payable by you (including VAT) for the Services set out in Part B;
• IPR - all patents, copyright, moral rights, design rights, know-how, Confidential Information, database rights, trademarks and service marks together with applications to register any of the above (where applicable);
• Order Form - the on-line form signed by you in respect of the Services;
• Party - You and Us;
• Services - the services listed on the Order Form and in respect of each specific terms are set out in Part B and the detailed specifications are set out in the relevant Product Information Sheet displayed on our Web Site;
• Start Date - the earliest of the Start Dates set out in Part B;
• Terms - these terms and conditions consisting of Part A and Part B;
• Us, We, Our - Variety Media UK Broadband Registered Company Number: 05910515 of 20 St Anns Lane, Godmanchester, Huntingdon, CAMBS, PE29 2JE.
• Your, you - the organisation or person requiring the Services whose details are set out in the Order Form;
• Web Site - www.varietymediauk.com
2 OUR OBLIGATIONS
2.1 We agree to provide to you the Services for the Fees. To avoid doubt, BT will still bill you for the rental of your BT line.
2.2 We will use all reasonable endeavours to provide the Services without interruption and materially error free.
2.3 You acknowledge that our obligations may be carried out on our behalf by a Carrier or other sub-contractor or agent.
2.4 Your bill will be calculated using data recorded by us and not from your own records. Our billing systems will meet standards of accuracy approved by our industry regulator.
3 YOUR OBLIGATIONS
3.1 You agree to pay the Fees as shown on the Order Form. We will bill you for all: (a) Fees; and (b) calls made at the rates set out on our Web Site, as amended from time to time. We may change our Fees and/or calls but will aim to let you know at least 21 days in advance of any change we are making. You must pay either by Credit or Debit Card or by Direct Debit from a bank account. We may vary these methods from time to time. You must provide us with all necessary information and authority we need to set up a variable Direct Debit. We shall be entitled to withhold our Services if your bank has not confirmed that the Direct Debit has been established.
3.2 You are responsible for the cost of all charges you incur while using the Services (whether you make the calls or someone else does). We may apply a usage limit to your account. If you reach your usage limit during any billing period we will inform you promptly and, if you do not immediately pay at least half the charges incurred, we may suspend the Services. However, you will still be responsible for all charges incurred using the Services, including those that exceed the limit.
3.3 You agree that all information you have given to us is correct and that you will inform us if it changes. You accept that you will be liable for Additional Charges if you give us incorrect information that we act on.
3.4 You agree to indemnify us and any Carrier against any loss either of us may suffer from your use of the Services.
3.5 You agree that you will:
3.5.1 Comply with any reasonable instructions or directions issued by Us from time to time in respect of the Services;
3.5.2 Conform to such protocols and standards as are issued from time to time in respect of the use of the Internet or the Services;
3.5.3 Fully indemnify us against any costs and claims from any third party resulting from your acts or omissions in respect of the Services; and
3.5.4 Comply with all applicable legislation (including but not limited to matters arising under the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000).
3.6 You agree that you will not (and you will ensure that your employees, agents and sub-contractors do not):
3.6.1 Use the Services for any unlawful purpose or in contravention of any English or other law. This includes but is not limited to:
A. any act or omission which will or is likely to infringe the intellectual property rights of a third party;
b. the transmission, display, downloading or uploading of any material or text which is or is likely to be construed as defamatory, offensive, abusive, obscene or which will or is likely to cause unnecessary anxiety or inconvenience to a third party;
c. use of the Services in any way which is or is likely to violate or infringe the rights of any individual, firm or company in the United Kingdom or elsewhere.
3.6.2 Send or procure the sending of unsolicited advertising or promotional material; or
3.6.3 use the Services in a way that does not comply with any instructions given by Us for reasons of health, safety or the quality of the Carrier's telecommunications services or our system; or
3.6.4 Use the Services in any way that will or is likely to make excessive use of our network (including but not limited to spamming).
3.7 The person signing the Order Form warrants his or her authority to bind you to this Agreement.
4 LIABILITY
4.1 Save as required by law and as expressly provided in these Terms, We do not warrant the Services or the Equipment against failure of performance. We disclaim and you waive all other warranties, express or implied, with respect to the services or the equipment, arising by law or otherwise, including, without limitation any implied warranty of satisfactory quality, fitness for a particular purpose and any obligation, liability, right, remedy, claim in tort, notwithstanding any fault, negligence, strict liability or product liability of us (whether express or implied) so far as the law permits.
4.2 You agree that We are not liable in contract or tort (other than fraudulent or negligent misrepresentation) or otherwise arising out of or in connection with these Terms for economic loss (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings), loss of goodwill or reputation, indirect or consequential losses whether or not such losses Were within our
4.3 Subject to clause 4.4 our total aggregate liability to You arising out of or in connection with this Agreement and the performance or observation of our obligations under it shall be limited to the greater of: (a) the amount paid by You to Us in the twelve months prior to the date on which Your claim arose; and (b) £1,000.
4.4 Nothing in this Agreement shall: (a) exclude or limit liability for death or personal injury resulting from our negligence or that of the carrier, our employees or sub-contractors; or (b) affect your statutory rights if you are a consumer.
5 PROPRIETARY RIGHTS
5.1 All title, rights and interest (including but not limited to ownership and IPR) in the Services remain with us the Carrier and our suppliers. You acknowledge such title, interest and rights and You shall not take any action or omit to take any action which will or is likely to jeopardise, limit or interfere in any manner such title, right or interest.
5.2 Title and related rights in any content accessed through the Service are the property of the applicable content owner and are protected by applicable laws. The right to use granted to you under clause 2.1 gives you no rights to such content. If you wish to use such content, you must ensure that you have the appropriate consent or licence of the content owner.
5.3 You acknowledge that you shall have no rights to any IPR in the Services.
6 TERMINATION/SUSPENSION
6.1 Independent of any additional rights to terminate set out in Part B, We may terminate or suspend Your use of the Services (or any of them) at any time, at our sole discretion and without notice, if You breach any term of these Terms or we have reason to believe that You have or may have breached any of these Terms (including but not limited to where a third party has alleged that there has been some act or omission by You that may amount to a breach).
6.2 Subject to the provisions of Part B: SDSL Connection, which requires three months prior notice of termination, or unless terminated as set out elsewhere, this Agreement will continue until you give us at least thirty (30) days' written notice. Such notice will terminate this Agreement.
6.3 Termination by You in certain circumstances may incur a cancellation fee. Where this is the case this will be set out in Part B.
6.4 If we are in material breach of these Terms, You may terminate this Agreement by giving us reasonable written notice.
6.5 Upon termination of this Agreement for any reason your right to use the Service(s) shall immediately terminate and you shall immediately stop using the Service.
6.6 We can also end the Agreement immediately if: (a) You become bankrupt, or (b) the Services are used for any illegal or fraudulent purposes, or (c) You have broken any term of the Agreement (but, if it can be remedied, We will give You 7 days to put that breach right); and/ or (d) any payment is not made when it is due.
6.7 We may suspend any Service to You if we reasonably consider that the charges that you are incurring are higher than usual for the type of service that you are receiving (or your usage is higher than normal) and/or we have reasonable grounds to doubt that you will be able to pay your bill.
6.8 If you have bought the Services for personal use (as opposed to for business use), then you are entitled to a statutory "cooling-off" period of seven business days, starting from the day after you ordered the Services. To cancel the Services please send a written notice, either by post, e-mail or fax telling Us to cancel the Services, to the addresses set out in Clause 8.4, Part A below, marked for the attention of Customer Services. We will refund the charges for any Equipment and delivery and will cancel any payment arrangements within 30 days of receipt of the notice.
If You cancel the Services then You must also send back any Equipment to us within 10 business days of the cancellation to the company address set out in Clause 8.4, Part A below, marked for the attention of Customer Services. You will be responsible for the cost of returning the Equipment to us unless we delivered it to you by mistake or it was damaged or defective when you received it. For high value items we recommend that you use a recorded delivery service for your own protection. If you don't send the Equipment back to us within 10 business days, then we may collect it from the address you have given us, at your cost (which we may deduct from any refund due to you). Please note that you will lose your right to cancel if you start using the Service within the cooling-off period.
7 CONFIDENTIALITY
7.1 Each of Us shall while We are providing Services under these Terms and thereafter keep secret and confidential all business, technical or commercial information disclosed to one of Us by the other or otherwise which belongs to the other its sub-contractors, carriers, telecommunication providers or clients (and shall procure that its agents and/or employees are similarly bound) and shall not disclose the same to any person save to the extent necessary to perform its obligations in accordance with the terms of these Terms or save as expressly authorised in writing to be disclosed by the other.
7.2 The obligation of confidentiality contained in clause 7.1 shall not apply or (as the case may be) shall cease to apply to business, technical or commercial information which:
7.2.1 at the time of its disclosure by the disclosing Party is already in the public domain or which subsequently enters the public domain other than by the breach of these Terms; and/or
7.2.2 Is required to be disclosed under applicable law or order of a court of competent jurisdiction or government department or agency or by the London Stock Exchange, provided that prior to such disclosure the receiving Party shall advise to the disclosing Party of the proposed form of disclosure.
8 GENERAL
8.1 You accept that we may, in accordance with legal requirements, have to disclose information to governmental organisations (including the police) in respect of your use of the Services. Subject to any legal prohibitions to the contrary we will notify you of such disclosure as soon as reasonably possible.
8.2 We may from time to time wish to notify you of additional services provided by us or third parties that we believe may be of interest to you. If you do not want to receive such information please write to us at the address for notice.
8.3 We shall not be liable for any breach of our obligations hereunder resulting from causes beyond our reasonable control including but not limited to fires, strikes (of own or other employees) insurrection, or riots, embargoes or delays in transportation, inability to obtain supplies, acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers.
8.4 Any notice required or permitted under the Terms must be in English and be sent to us at any of the following addresses:
Variety Media UK, 20 St Ann’s Lane, Godmanchester, Huntingdon, CAMBS PE29 2JE or contact@varietymediauk.com
Any notice to be sent to you will be sent to the address which you provide when applying for the Services unless you notify us otherwise. Any notices given in relation to this Agreement must be delivered by hand, post, fax or email and will be treated as having been delivered: (a) on the day of delivery if delivered by hand, or (b) 2 days after posting if sent by post, or (c) on the day of transmission if sent by fax, or (d) on the day of transmission if sent by e-mail.
8.5 These Terms do not create a partnership, joint venture, agency or franchise relationship.
8.6 You may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the rights or obligations (including the Services) arising under these Terms without our prior written consent.
8.7 Notwithstanding any provision to the contrary, nothing in these Terms will create or confer any rights or other benefits whether in accordance with the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than You, Us or the Carrier.
8.8 The headings to the sections of these Terms are for convenience only and have no substantive meaning.
8.9 These Terms are governed by the laws of England and Wales and both parties submit to the exclusive jurisdiction of the English Courts.
8.10 If and in so far as any part or provision of these Terms is or becomes void or unenforceable it should be deemed not to be and never to have been nor formed a part of these Terms and the remaining provisions of these Terms shall continue in full force and effect. In such an event, we shall meet with you to discuss the void and unenforceable provisions and shall substitute therefore a lawful and enforceable provision which so far as possible results in the same economic effects.
8.11 This Agreement may not be amended, varied, supplemented or otherwise modified unless agreed by us in writing.
8.12 The failure by us to insist on the performance of any of the provisions of these Terms shall not be construed as a waiver or a relinquishment of that our rights to future performance of such provisions and your obligation in respect of such future performance shall continue in full force and effect.
8.13 This Agreement supersedes any previous agreement between Us and You in relation to the matters dealt with in it and You acknowledge and agree that You have not entered into this Agreement in reliance upon any representation, or statement or whether oral or written) made or alleged to have been made by Us or our agents.
8.14 Complaints if you want to complain about our Service please e-mail our Customer Complaints Department complaints@varietymediauk.com. We will log your complaint and try to deal with your complaint quickly and sympathetically. Details of our complaints procedure are available from our Customer Complaints Department.
8.15 Any disputes relating to the Agreement must be referred in the first instance to our Customer Complaints Department who will endeavour in all good faith to resolve the dispute. If the dispute is not resolved to either party’s satisfaction within 21 days then it may be referred by either party to the independent body CISAS (the Computer and Internet Services Adjudication Scheme, c/o Dispute Resolution Services, The Chartered Institute of Arbitrators, 12 Bloomsbury Square, London WC1A 2LP.) You can obtain details of this procedure by e-mailing complaints@varietymediauk.com. We will give you a reference number in order to take the case to CISAS, who will adjudicate on the matter.
9 FAULTS IN THE SERVICE
9.1 You will immediately upon becoming aware of the same report any fault in the Equipment or the Service to Us by e-mail support@varietymediauk.com or by telephone on the number published at www.varietymediauk.com.
9.2 You acknowledge that occasionally we and/or our Carrier may have to temporarily interrupt the Service or change the specification of the Service for operational reasons or because of an emergency. In these circumstances you shall have no claim against us for any such interruption or change.
9.3 We warrant that the Equipment will be of satisfactory quality and reasonably fit for the purpose intended for a period of 12 months from the Start Date (the “Warranty Period”). If during the Warranty Period the Equipment becomes defective, you should return it to us, at no charge to you. We shall repair the Equipment or replace it, at our sole discretion and subject to any manufacturer’s warranty, with Equipment of no less quality than the Equipment being replaced. The replacement Equipment shall benefit from the remaining term of the Warranty Period. If, in our reasonable opinion, we discover that the defects to the replaced Equipment have been caused as a result of your negligent acts or omissions, we shall be entitled to charge you for the cost of the Equipment and such of our reasonable costs as we may have incurred pursuant to this clause 9.3.
Part B –Broadband Services
BACKGROUND
• This section of Part B relates solely to the supply of the Broadband Service.
• We will be relying on third party telecommunication suppliers (the Carrier) and our ability to provide you with the Broadband Service is, in part, reliant on them.
1 DEFINITIONS
1.1 In this Part, the following terms shall have the following meanings:
• Acceptance Test - the tests carried out by us or our representatives to determine the proper operation of the Service;
• Act – the Communications Act 2003, the Telecommunications Act 1984 (as amended) and the Electronic Communications Act 2000;
• The Carrier – BT or any other third party provider through whom we will provide the Broadband Service.
• Communications Line - the telecommunications system that you have notified us that you use to obtain telecommunications services over your telephone network at the Premises;
• Start Date - the date when the first Acceptance Test is satisfactorily completed;
• Move Date - the date following your home/office move when the Acceptance Test is satisfactorily completed;
• Variety Media UK Network System - our telecommunication system including any apparatus leased by or obtained by us from a third party;
• Fee - the amount as set out in the Order Form;
• Premises - the Site address identified in the order form;
• Service - the installation, connection and supply of a telecommunications system (either by us or by a Carrier chosen by us) capable of supporting Broadband services to you at the Premises and the provision of the telecommunication services over such system;
• Fixed Period - a period of 12 months commencing on the Start Date;
• Business Broadband – a Service provided to Business customers;
• Professional Broadband – a contended Service provided to Residential customers;
• Personal Broadband – a Service provided to Residential customers;
• Usage - the amount of data transferred over the Service to you measured in gigabytes (GB) (both downloads and uploads);
• Monthly Usage Allowance - the Usage included with the Home Broadband Service and/or the Steelworker Broadband Service, as defined in the product description.
• DSLAM – digital subscriber line access multiplexer;
• Line Rate - the rate of connection between Your Equipment and the Carrier’s equipment (DSLAM) located at the local exchange.
• Maximum Stable Rate - the maximum Line Rate the Service is expected to achieve on Your Communications Line, calculated on a per line basis as further detailed in the product description.
• Rate Adaptation – the automatic negotiation of the best Line Rate between the DSLAM and Your Equipment, based on the settings within the Carrier Network, line characteristics and conditions. Rate adaptation can occur several times a day, thus resetting the rate between Your Equipment and the DSLAM.
• Stabilisation Period - a period of up to 10 calendar days commencing from the date that You first use the Service following the Start Date, during which time the Maximum Stable Rate will be established for Your connection.
2 INSTALLATION
2.1 We will endeavour to provide the Service as soon as possible.
2.2 We shall use all reasonable endeavours to install or procure the installation of the Equipment at the Premises on or before any installation date specified or agreed to by us. Any installation date is, however, an estimate only and time shall not be of the essence.
2.3 You acknowledge and agree that:
2.3.1 The Service will depend upon your particular Communications Line. If the Carrier determines that it is not practicable to supply the Service we shall have the right to terminate this agreement without any liability to you; and
2.3.2 after the Activation of Your Communications Line You may suffer a temporary loss of telephone service. This will be reinstated following installation as soon as reasonably possible without any liability to us.
2.4 We shall supply you with the relevant information to enable you suitably to prepare the Premises for the Activation of Your line.
2.5 You acknowledge and agree the speed and the stability of the operation of the Service is determined:
2.5.1 By the characteristics of Your Communications Line, which include its physical length, quality and susceptibility to interference from other Communications Lines;
2.5.2 Electrical, electromagnetic or radio frequency interference;
2.5.3 Rate Adaptation and the Line Rate of Your Equipment; and/or
2.5.4 The capacity available within the Variety Media UK Network System or the internet generally.
2.6 If, for any reason, we are unable to supply the Service requested by you on the Order Form, We shall notify you that we are unable to supply the Service and shall suggest alternative Services that we are able to offer, if any.
2.7 If, for any reason, the Carrier should be required to visit Your Premises to assist with the Installation or any fault reported thereafter, you may incur an additional charge.
3 YOUR OBLIGATIONS
3.1 You must notify us immediately in writing of any allegation of infringement of any intellectual property rights prompted by your use of the Service. You may not make an admission relating to an alleged infringement. You must allow us, or at our election, the Carrier to conduct all negotiations and proceedings and give us or the Carrier all reasonable assistance in doing so. You must allow any part of the Service to be modified so as to avoid continuation of the alleged infringement.
3.2 You will co-operate with our reasonable requests for information regarding your use of the Service and supply such information without delay.
3.3 You will undertake not to resell the Usage of Your service to third parties.
3.4 You agree to comply with the terms of our Fair Usage Policy, as available from the Web Site.
3.5 You agree to a 12 month contract for all Broadband Services held with us. Agreed prior to your contract period.
4 REGRADES
4.1 If you already use our Dial Service and then order a Broadband Service from Us the Dial Service does not automatically terminate. You must give us notice to terminate your dial-up service in accordance with the terms of this Agreement.
4.2 If You already use our previous broadband services and then order a Broadband Service from Us the previous service will be regraded free of charge.
5. RATE ADAPTATION AND STABILISATION
5.1 You acknowledge that Your Line Rate will be subject to Rate Adaptation. Rate Adaptation can occur several times each day and may change the Line Rate available to you. Such changes in the Line Rate may re-set your connection to the Variety Media UK Network System or the DSLAM.
5.2 The Service may provide upstream (and downstream) Rate Adaptation. If so, the maximum and minimum Line Rate available for the Service is detailed in the product description.
5.3 If applicable, you acknowledge that the Stabilisation Period cannot commence and that the Carrier will not be able to establish a Maximum Stable Rate until you have installed the appropriate Equipment and the Communications Line is synchronised to the relevant DSLAM. We will notify you once a Maximum Stable Rate has been established. However, you acknowledge that the Maximum Stable Rate may be subject to change as further detailed in the product description.
6 FEES
6.1 For the Home Broadband Service and/or the Teleworker Broadband Service a charge of £2.00 inclusive of VAT will be charged for each gigabyte or part thereof, of Usage over and above the Monthly Usage Allowance, or £6.00 inclusive of VAT for 5GB or part thereof, of Usage over and above the Monthly Usage Allowance.
6.2 For customers who have selected a free set-up and Equipment package (available as an offer on certain products from time to time), no Fees shall be payable for the set-up of the Service or for the Equipment, however cancellation by You of the Service before the end of the Fixed Period will result in a cancellation fee of £47 inclusive of VAT. For the avoidance of doubt, the title in the Equipment shall remain vested with us during the Fixed Period and you shall return the Equipment to us, at your cost and expense, in the event of your cancellation during the Fixed Period. If You fail to return the Equipment within 5 working days from the date of expiry of the notice of cancellation of the Service, You shall incur a charge of £30.00 inclusive of VAT if You were supplied with a free modem or a charge of £60 inclusive of VAT if You were supplied with a free router
6.3 For customers who have selected the home/office move package no Fees shall be payable for the move of the Service, however cancellation by You of the Service before the end of the period of 12 months from the Move Date will result in a cancellation fee of £50.00 including VAT. For the avoidance of doubt, clause 2 of this Part B of the Agreement will apply to each home/office move and that we may have the right to terminate this Agreement as a result of your home/office move, as set out in clause 2.3.1. However, you acknowledge that we will not supply any new Equipment to You and that you will need to install the Equipment at the new Premises. For the avoidance of doubt, the title in the Equipment shall remain vested with Us during the Fixed Period (even if You request a home/office move during the Fixed Period and Your Move Date is prior to the expiry of the Fixed Period) and You shall return the Equipment to Us, at Your cost and expense, in the event of cancellation of this Agreement prior to the expiry of the Fixed Period, arising as a result of a home/office move. If you fail to return the Equipment within 5 working days from the date of expiry of the notice of cancellation of the Service, You shall incur a charge of £30.00 inclusive of VAT if You were supplied with a free modem or a charge of £60 inclusive of VAT if You were supplied with a free router.
7 TERM AND TERMINATION
7.1 We may terminate this Agreement immediately upon written notice to you if (for whatever reason):
7.1.1 It becomes unlawful for us or the Carrier to continue to provide or support the Service; or
7.1.2 The Carrier supporting the Service ceases to do so for whatever reason or changes the terms in respect of the provision of telecommunications services to us for the Service for reasons beyond our reasonable control.
7.1.3 You break our Acceptable Use Policy or you fail to make monthly fees agreed prior to your contract period.
7.1.4 If we terminate your contract due to unlawful use or breach of contract then you will be liable for all cancellation and monthly contract fees.
8. FURTHER OBLIGATIONS
8.1 You shall obtain at your expense all permissions, licences, registrations and approvals necessary for, or considered desirable by us to deliver, install and maintain the Equipment or to provide the Services.
9. CANCELLATION
9.1 If you wish to cancel your Broadband Service then a Cancellation fee of £35 inclusive of VAT will apply.
9.2 If you wish to cancel your Broadband service then remaining monthy payments will be due for the 12 month contract period. For example if your broadband service costs £19.99 per month and you are 2 months into your contract period then 10 months payments will be due payable by you.
9.3 If you wish to cancel your Broadband Service you must notify us in writing to our address 30 days before your cancellation date.
10. SALE PROMOTION TERMS
10.1 In addition to the provisions of this Part B, the following terms and conditions shall apply if you request us to supply Services benefiting from the Sale Promotion. These Sale Promotion terms shall take precedence in the event of any conflict with the provisions of Part B.
10.2 During the Summer Promotion period, we will supply certain of Our Services to you at a reduced Fee for a limited time, as detailed on Our Web Site (the “Offer Period”). Following the expiry of the Offer Period, the Fees shall revert to our standard monthly charge as detailed on Our Web Site.
10.3 The provision of the Services shall be subject to you entering into a contract with us for a Fixed Period. The Services shall include a free set-up and Equipment package. As such, cancellation by you of the Service before the end of the Fixed Period will result in a cancellation fee of £50 inclusive of VAT For the avoidance of doubt, the title in the Equipment shall remain vested with us during the Fixed Period and you shall return the Equipment to us, at your cost and expense, in the event of your cancellation during the Fixed Period. If you fail to return the Equipment within 5 working days from the date of expiry of the notice of cancellation of the Service, You shall incur a charge of £30inclusive of VAT if You were supplied with a free modem or a charge of £60 inclusive of VAT if You were supplied with a free router.
3) Acceptable Use Policy
Our Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what we expect of them while using the service. All users of our services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, may be harmful to the server or other users, or which may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of our Acceptable Use Policy. The following are guidelines for the establishment and enforcement of the AUP:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users
We intend to provide our customers access to everything the Internet has to offer. While we are firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both us and the Internet and cannot be permitted under the guise of free speech. The resources of us and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your dedicated rack or virtual site to publish material, which we determine, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If an account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.
VIOLATIONS OF THE ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
1. Illegal use: Our services may not be used for illegal purposes, or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
3. Threats: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "phishing schemes," "ponzi schemes," and "chain letters."
6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.
8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.
9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of this AUP.
10. Usenet SPAMing: We have a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
11. Unauthorized access: Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.
12. Copyright or trademark infringement: Use of the service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
13. Collection of personal data: Use of the service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
14. Network disruptions and unfriendly activity: Use of the service for any activity which affects the ability of other people or systems to use our Services or the Internet. This includes "denial of service" (DDOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using our services could result in suspension of service.
19. Third Party Accountability: Our subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
20. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks in any way will be immediately removed from our network without notice. The account and/or server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC account/server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
21. Resellers: Resellers are responsible for enforcing the AUP and TOS to all of their clients. If their clients are found to be not following them, we will suspend the offending site and let the reseller know. If the reseller domain is found to be in violation, all domains within the resellers possession will be suspended. Resellers are responsible for anything their clients do. If you have any questions or concerns in regards to what is allowed and not allowed please contact us.
22. Streaming Video and Audio: Streaming Video and Audio is not permitted on our servers unless approval is received. You must zip the content to prevent this if you wish to have it hosted, and as everything else this content must be legal content and cannot have someone else's copyright.
23. Legal: If it is not legal in the United Kingdom , It is not permitted to reside on our server. If found, the account will be suspended.
24. Adult Material: Adult Material is not allowed, unless specified in your package you have purchased. Sites that contain adult material that is not on an adult approved server/package, will be suspended.
SECURITY
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Network Performance
Our accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of our systems or networks. We reserve the right to terminate or limit such activities.
As always, Hosting Place strives for 100% uptime for all services. All network systems are monitored 24/7 by in-house staff. We make no guarantee on network uptime. We are not responsible for losses that may occur due to the downtime of our services.
REPORTING VIOLATIONS OF THE AUP
We request that anyone who believes that there is a violation of this AUP direct the information to us by email immediately.
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files.
Other situations will require different methods of providing the above information. We may take any one or more of the following actions in response to complaints:
Issue written or verbal warnings or Suspend the Member's newsgroup posting privileges or Suspend the Member's account .
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Variety Media UK, 20 St Ann’s Lane, Godmanchester, Huntingdon, CAMBS PE29 2JE or contact@varietymediauk.com
Any notice to be sent to you will be sent to the address which you provide when applying for the Services unless you notify us otherwise. Any notices given in relation to this Agreement must be delivered by hand, post, fax or email and will be treated as having been delivered: (a) on the day of delivery if delivered by hand, or (b) 2 days after posting if sent by post, or (c) on the day of transmission if sent by fax, or (d) on the day of transmission if sent by e-mail.
8.5 These Terms do not create a partnership, joint venture, agency or franchise relationship.
8.6 You may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the rights or obligations (including the Services) arising under these Terms without our prior written consent.
8.7 Notwithstanding any provision to the contrary, nothing in these Terms will create or confer any rights or other benefits whether in accordance with the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than You, Us or the Carrier.
8.8 The headings to the sections of these Terms are for convenience only and have no substantive meaning.
8.9 These Terms are governed by the laws of England and Wales and both parties submit to the exclusive jurisdiction of the English Courts.
8.10 If and in so far as any part or provision of these Terms is or becomes void or unenforceable it should be deemed not to be and never to have been nor formed a part of these Terms and the remaining provisions of these Terms shall continue in full force and effect. In such an event, we shall meet with you to discuss the void and unenforceable provisions and shall substitute therefore a lawful and enforceable provision which so far as possible results in the same economic effects.
8.11 This Agreement may not be amended, varied, supplemented or otherwise modified unless agreed by us in writing.
8.12 The failure by us to insist on the performance of any of the provisions of these Terms shall not be construed as a waiver or a relinquishment of that our rights to future performance of such provisions and your obligation in respect of such future performance shall continue in full force and effect.
8.13 This Agreement supersedes any previous agreement between Us and You in relation to the matters dealt with in it and You acknowledge and agree that You have not entered into this Agreement in reliance upon any representation, or statement or whether oral or written) made or alleged to have been made by Us or our agents.
8.14 Complaints if you want to complain about our Service please e-mail our Customer Complaints Department complaints@varietymediauk.com. We will log your complaint and try to deal with your complaint quickly and sympathetically. Details of our complaints procedure are available from our Customer Complaints Department.
8.15 Any disputes relating to the Agreement must be referred in the first instance to our Customer Complaints Department who will endeavour in all good faith to resolve the dispute. If the dispute is not resolved to either party’s satisfaction within 21 days then it may be referred by either party to the independent body CISAS (the Computer and Internet Services Adjudication Scheme, c/o Dispute Resolution Services, The Chartered Institute of Arbitrators, 12 Bloomsbury Square, London WC1A 2LP.) You can obtain details of this procedure by e-mailing complaints@varietymediauk.com. We will give you a reference number in order to take the case to CISAS, who will adjudicate on the matter.
9 FAULTS IN THE SERVICE
9.1 You will immediately upon becoming aware of the same report any fault in the Equipment or the Service to Us by e-mail support@varietymediauk.com or by telephone on the number published at www.varietymediauk.com.
9.2 You acknowledge that occasionally we and/or our Carrier may have to temporarily interrupt the Service or change the specification of the Service for operational reasons or because of an emergency. In these circumstances you shall have no claim against us for any such interruption or change.
9.3 We warrant that the Equipment will be of satisfactory quality and reasonably fit for the purpose intended for a period of 12 months from the Start Date (the “Warranty Period”). If during the Warranty Period the Equipment becomes defective, you should return it to us, at no charge to you. We shall repair the Equipment or replace it, at our sole discretion and subject to any manufacturer’s warranty, with Equipment of no less quality than the Equipment being replaced. The replacement Equipment shall benefit from the remaining term of the Warranty Period. If, in our reasonable opinion, we discover that the defects to the replaced Equipment have been caused as a result of your negligent acts or omissions, we shall be entitled to charge you for the cost of the Equipment and such of our reasonable costs as we may have incurred pursuant to this clause 9.3.
Part B –Broadband Services
BACKGROUND
• This section of Part B relates solely to the supply of the Broadband Service.
• We will be relying on third party telecommunication suppliers (the Carrier) and our ability to provide you with the Broadband Service is, in part, reliant on them.
1 DEFINITIONS
1.1 In this Part, the following terms shall have the following meanings:
• Acceptance Test - the tests carried out by us or our representatives to determine the proper operation of the Service;
• Act – the Communications Act 2003, the Telecommunications Act 1984 (as amended) and the Electronic Communications Act 2000;
• The Carrier – BT or any other third party provider through whom we will provide the Broadband Service.
• Communications Line - the telecommunications system that you have notified us that you use to obtain telecommunications services over your telephone network at the Premises;
• Start Date - the date when the first Acceptance Test is satisfactorily completed;
• Move Date - the date following your home/office move when the Acceptance Test is satisfactorily completed;
• Variety Media UK Network System - our telecommunication system including any apparatus leased by or obtained by us from a third party;
• Fee - the amount as set out in the Order Form;
• Premises - the Site address identified in the order form;
• Service - the installation, connection and supply of a telecommunications system (either by us or by a Carrier chosen by us) capable of supporting Broadband services to you at the Premises and the provision of the telecommunication services over such system;
• Fixed Period - a period of 12 months commencing on the Start Date;
• Business Broadband – a Service provided to Business customers;
• Professional Broadband – a contended Service provided to Residential customers;
• Personal Broadband – a Service provided to Residential customers;
• Usage - the amount of data transferred over the Service to you measured in gigabytes (GB) (both downloads and uploads);
• Monthly Usage Allowance - the Usage included with the Home Broadband Service and/or the Steelworker Broadband Service, as defined in the product description.
• DSLAM – digital subscriber line access multiplexer;
• Line Rate - the rate of connection between Your Equipment and the Carrier’s equipment (DSLAM) located at the local exchange.
• Maximum Stable Rate - the maximum Line Rate the Service is expected to achieve on Your Communications Line, calculated on a per line basis as further detailed in the product description.
• Rate Adaptation – the automatic negotiation of the best Line Rate between the DSLAM and Your Equipment, based on the settings within the Carrier Network, line characteristics and conditions. Rate adaptation can occur several times a day, thus resetting the rate between Your Equipment and the DSLAM.
• Stabilisation Period - a period of up to 10 calendar days commencing from the date that You first use the Service following the Start Date, during which time the Maximum Stable Rate will be established for Your connection.
2 INSTALLATION
2.1 We will endeavour to provide the Service as soon as possible.
2.2 We shall use all reasonable endeavours to install or procure the installation of the Equipment at the Premises on or before any installation date specified or agreed to by us. Any installation date is, however, an estimate only and time shall not be of the essence.
2.3 You acknowledge and agree that:
2.3.1 The Service will depend upon your particular Communications Line. If the Carrier determines that it is not practicable to supply the Service we shall have the right to terminate this agreement without any liability to you; and
2.3.2 after the Activation of Your Communications Line You may suffer a temporary loss of telephone service. This will be reinstated following installation as soon as reasonably possible without any liability to us.
2.4 We shall supply you with the relevant information to enable you suitably to prepare the Premises for the Activation of Your line.
2.5 You acknowledge and agree the speed and the stability of the operation of the Service is determined:
2.5.1 By the characteristics of Your Communications Line, which include its physical length, quality and susceptibility to interference from other Communications Lines;
2.5.2 Electrical, electromagnetic or radio frequency interference;
2.5.3 Rate Adaptation and the Line Rate of Your Equipment; and/or
2.5.4 The capacity available within the Variety Media UK Network System or the internet generally.
2.6 If, for any reason, we are unable to supply the Service requested by you on the Order Form, We shall notify you that we are unable to supply the Service and shall suggest alternative Services that we are able to offer, if any.
2.7 If, for any reason, the Carrier should be required to visit Your Premises to assist with the Installation or any fault reported thereafter, you may incur an additional charge.
3 YOUR OBLIGATIONS
3.1 You must notify us immediately in writing of any allegation of infringement of any intellectual property rights prompted by your use of the Service. You may not make an admission relating to an alleged infringement. You must allow us, or at our election, the Carrier to conduct all negotiations and proceedings and give us or the Carrier all reasonable assistance in doing so. You must allow any part of the Service to be modified so as to avoid continuation of the alleged infringement.
3.2 You will co-operate with our reasonable requests for information regarding your use of the Service and supply such information without delay.
3.3 You will undertake not to resell the Usage of Your service to third parties.
3.4 You agree to comply with the terms of our Fair Usage Policy, as available from the Web Site.
3.5 You agree to a 12 month contract for all Broadband Services held with us. Agreed prior to your contract period.
4 REGRADES
4.1 If you already use our Dial Service and then order a Broadband Service from Us the Dial Service does not automatically terminate. You must give us notice to terminate your dial-up service in accordance with the terms of this Agreement.
4.2 If You already use our previous broadband services and then order a Broadband Service from Us the previous service will be regraded free of charge.
5. RATE ADAPTATION AND STABILISATION
5.1 You acknowledge that Your Line Rate will be subject to Rate Adaptation. Rate Adaptation can occur several times each day and may change the Line Rate available to you. Such changes in the Line Rate may re-set your connection to the Variety Media UK Network System or the DSLAM.
5.2 The Service may provide upstream (and downstream) Rate Adaptation. If so, the maximum and minimum Line Rate available for the Service is detailed in the product description.
5.3 If applicable, you acknowledge that the Stabilisation Period cannot commence and that the Carrier will not be able to establish a Maximum Stable Rate until you have installed the appropriate Equipment and the Communications Line is synchronised to the relevant DSLAM. We will notify you once a Maximum Stable Rate has been established. However, you acknowledge that the Maximum Stable Rate may be subject to change as further detailed in the product description.
6 FEES
6.1 For the Home Broadband Service and/or the Teleworker Broadband Service a charge of £2.00 inclusive of VAT will be charged for each gigabyte or part thereof, of Usage over and above the Monthly Usage Allowance, or £6.00 inclusive of VAT for 5GB or part thereof, of Usage over and above the Monthly Usage Allowance.
6.2 For customers who have selected a free set-up and Equipment package (available as an offer on certain products from time to time), no Fees shall be payable for the set-up of the Service or for the Equipment, however cancellation by You of the Service before the end of the Fixed Period will result in a cancellation fee of £47 inclusive of VAT. For the avoidance of doubt, the title in the Equipment shall remain vested with us during the Fixed Period and you shall return the Equipment to us, at your cost and expense, in the event of your cancellation during the Fixed Period. If You fail to return the Equipment within 5 working days from the date of expiry of the notice of cancellation of the Service, You shall incur a charge of £30.00 inclusive of VAT if You were supplied with a free modem or a charge of £60 inclusive of VAT if You were supplied with a free router
6.3 For customers who have selected the home/office move package no Fees shall be payable for the move of the Service, however cancellation by You of the Service before the end of the period of 12 months from the Move Date will result in a cancellation fee of £50.00 including VAT. For the avoidance of doubt, clause 2 of this Part B of the Agreement will apply to each home/office move and that we may have the right to terminate this Agreement as a result of your home/office move, as set out in clause 2.3.1. However, you acknowledge that we will not supply any new Equipment to You and that you will need to install the Equipment at the new Premises. For the avoidance of doubt, the title in the Equipment shall remain vested with Us during the Fixed Period (even if You request a home/office move during the Fixed Period and Your Move Date is prior to the expiry of the Fixed Period) and You shall return the Equipment to Us, at Your cost and expense, in the event of cancellation of this Agreement prior to the expiry of the Fixed Period, arising as a result of a home/office move. If you fail to return the Equipment within 5 working days from the date of expiry of the notice of cancellation of the Service, You shall incur a charge of £30.00 inclusive of VAT if You were supplied with a free modem or a charge of £60 inclusive of VAT if You were supplied with a free router.
7 TERM AND TERMINATION
7.1 We may terminate this Agreement immediately upon written notice to you if (for whatever reason):
7.1.1 It becomes unlawful for us or the Carrier to continue to provide or support the Service; or
7.1.2 The Carrier supporting the Service ceases to do so for whatever reason or changes the terms in respect of the provision of telecommunications services to us for the Service for reasons beyond our reasonable control.
7.1.3 You break our Acceptable Use Policy or you fail to make monthly fees agreed prior to your contract period.
7.1.4 If we terminate your contract due to unlawful use or breach of contract then you will be liable for all cancellation and monthly contract fees.
8. FURTHER OBLIGATIONS
8.1 You shall obtain at your expense all permissions, licences, registrations and approvals necessary for, or considered desirable by us to deliver, install and maintain the Equipment or to provide the Services.
9. CANCELLATION
9.1 If you wish to cancel your Broadband Service then a Cancellation fee of £35 inclusive of VAT will apply.
9.2 If you wish to cancel your Broadband service then remaining monthy payments will be due for the 12 month contract period. For example if your broadband service costs £19.99 per month and you are 2 months into your contract period then 10 months payments will be due payable by you.
9.3 If you wish to cancel your Broadband Service you must notify us in writing to our address 30 days before your cancellation date.
10. SALE PROMOTION TERMS
10.1 In addition to the provisions of this Part B, the following terms and conditions shall apply if you request us to supply Services benefiting from the Sale Promotion. These Sale Promotion terms shall take precedence in the event of any conflict with the provisions of Part B.
10.2 During the Summer Promotion period, we will supply certain of Our Services to you at a reduced Fee for a limited time, as detailed on Our Web Site (the “Offer Period”). Following the expiry of the Offer Period, the Fees shall revert to our standard monthly charge as detailed on Our Web Site.
10.3 The provision of the Services shall be subject to you entering into a contract with us for a Fixed Period. The Services shall include a free set-up and Equipment package. As such, cancellation by you of the Service before the end of the Fixed Period will result in a cancellation fee of £50 inclusive of VAT For the avoidance of doubt, the title in the Equipment shall remain vested with us during the Fixed Period and you shall return the Equipment to us, at your cost and expense, in the event of your cancellation during the Fixed Period. If you fail to return the Equipment within 5 working days from the date of expiry of the notice of cancellation of the Service, You shall incur a charge of £30inclusive of VAT if You were supplied with a free modem or a charge of £60 inclusive of VAT if You were supplied with a free router.
3) Acceptable Use Policy
Our Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what we expect of them while using the service. All users of our services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, may be harmful to the server or other users, or which may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of our Acceptable Use Policy. The following are guidelines for the establishment and enforcement of the AUP:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users
We intend to provide our customers access to everything the Internet has to offer. While we are firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both us and the Internet and cannot be permitted under the guise of free speech. The resources of us and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your dedicated rack or virtual site to publish material, which we determine, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If an account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.
VIOLATIONS OF THE ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
1. Illegal use: Our services may not be used for illegal purposes, or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
3. Threats: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "phishing schemes," "ponzi schemes," and "chain letters."
6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.
8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.
9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of this AUP.
10. Usenet SPAMing: We have a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
11. Unauthorized access: Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.
12. Copyright or trademark infringement: Use of the service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
13. Collection of personal data: Use of the service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
14. Network disruptions and unfriendly activity: Use of the service for any activity which affects the ability of other people or systems to use our Services or the Internet. This includes "denial of service" (DDOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using our services could result in suspension of service.
19. Third Party Accountability: Our subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
20. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks in any way will be immediately removed from our network without notice. The account and/or server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC account/server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
21. Resellers: Resellers are responsible for enforcing the AUP and TOS to all of their clients. If their clients are found to be not following them, we will suspend the offending site and let the reseller know. If the reseller domain is found to be in violation, all domains within the resellers possession will be suspended. Resellers are responsible for anything their clients do. If you have any questions or concerns in regards to what is allowed and not allowed please contact us.
22. Streaming Video and Audio: Streaming Video and Audio is not permitted on our servers unless approval is received. You must zip the content to prevent this if you wish to have it hosted, and as everything else this content must be legal content and cannot have someone else's copyright.
23. Legal: If it is not legal in the United Kingdom , It is not permitted to reside on our server. If found, the account will be suspended.
24. Adult Material: Adult Material is not allowed, unless specified in your package you have purchased. Sites that contain adult material that is not on an adult approved server/package, will be suspended.
SECURITY
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Network Performance
Our accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of our systems or networks. We reserve the right to terminate or limit such activities.
As always, Hosting Place strives for 100% uptime for all services. All network systems are monitored 24/7 by in-house staff. We make no guarantee on network uptime. We are not responsible for losses that may occur due to the downtime of our services.
REPORTING VIOLATIONS OF THE AUP
We request that anyone who believes that there is a violation of this AUP direct the information to us by email immediately.
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files.
Other situations will require different methods of providing the above information. We may take any one or more of the following actions in response to complaints:
Issue written or verbal warnings or Suspend the Member's newsgroup posting privileges or Suspend the Member's account .
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.
REVISIONS TO THIS ACCEPTABLE USE POLICY
We reserve the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
4) Privacy Policy
Variety Media UK is strongly committed to the protection of your privacy. The purpose of this privacy statement is to inform you of what information we may gather about you when you visit our website and how this information is used. questions concerning this privacy statement should be be directed towards us straight away.
1. Links to other websites
The Variety Media UK website may contain links to third-party websites for you convenience and information. When accessing those links, you may leave Variety Media UK. We do not control theses websites or the content located on them. Their privacy practices may differ from Eclipse 2000 Hosting. We encourage that you review the privacy statement of any company before submitting personal information.
2. Types of information we collect
Personal information
Your personal information is collected only when you submit it via our web site. This information is used to associate the service you have purchased with you. This information will never be shared with a third party. The confidential information you submit to our merchant partner, PayPal, Inc., such as your credit card number is secure and is not shared with us, Variety Media UK.
Non-personal information
Non-personal information we collect can and may include the pages you visit on the Variety Media UK website, the time and date you visited those pages, the type of browser you used to access the pages, and your IP address. Some pages of the Variety Media UK website use cookies.
3. Minors
Variety Media UK recommends that parents/guardians have an active role in their children’s internet activities. We do not knowingly collect information from children under 13 years of age.
4. Information accuracy
We ask that you keep the information you submit to Variety Media UK accurate. Please do not submit false or inaccurate information. If you need to make changes to your personal information, please login to your member area or contact us via our online ticket support system.
5. Changes to this policy
Please note that this privacy policy may change from time to time. It is your responsibility to review this policy from time to time. Most changes will be minor but may be major. All changes will be posted on this page.
6. Contacting Us
Questions concerning this privacy statement should be directed to Variety Media UK via our contact form for clarifications.
5) Broadband Performance Policy
Why do we have a fair usage policy?
Variety Media UK is committed to ensuring our customers receive the best broadband performance for a competitive price.
To achieve this goal we provide a contended broadband service. This means our Internet bandwidth is shared with all our customers at any one point in time. The amount that we contend will depend on whether you are a business or residential customer and the type of service you buy from us. Contention is a proven method for providing fast and cost effective services and is used by nearly every broadband service provider in the UK.
However, a small number of customers use more than their “fair share” of Internet bandwidth during peak hours. We often see less than 1% of customers using a disproportionate amount of Internet bandwidth during peak hours. These customers degrade the performance of our broadband service by taking bandwidth away from customers who use the service fairly.
In summary, we wish to be fair to you and our services are “unlimited” for normal usage at home or your place of work.
How will I be affected?
You will only be affected by the fair usage policy if you use file sharing software such as peer to peer (p2p), file transfer (ftp) or binary newsgroups (USENET) during peak periods.
If you exceed the fair usage limit for your product then your broadband contention will be increased and the performance of your broadband will degrade. We will email you to confirm you have exceeded your fair usage limit. Restrictions will only be applied if you exceed your peak time limit in two consecutive months.
At the end of the month, your fair usage limits are reset and your broadband contention will return to normal. We will not email you to confirm your fair usage limits have been reset.
How do I change my behaviour?
If you wish to use file sharing applications without being affected by the fair usage policy, simply schedule your file sharing to operate outside of peak hours (i.e. midnight until 7am is the best time).
Applicable products
The fair usage policy currently relates to the Home Broadband service only. The table below shows the number of gigabytes (GB) per month that maybe transferred during peak hours which are from 6pm until midnight every day.
Home Broadband Peak Limit Off Peak Limit
Basic 20GB None
Gold 30GB None
Platinum 40GB None
Evolution 50GB None
The Home Broadband product is charged according to the number of gigabytes that you transfer every month and consequently a fair usage policy does not apply.
Fair usage for business customers using the Business Broadband products are handled on a case by case basis as we appreciate that customers manage their Internet usage within their business. Business products must not be used by residential customers who wish to use file sharing applications.
Can you give a specific figure for the performance of your service?
Variety Media UK has introduced a new structure of broadband packages based on performance. This is very different to the old ‘contention ratio’ method, which is no longer used by the industry for 8Mbps services. Therefore, we are unable to give a specific ratio figure as this will vary from minute to minute depending on the number of people using our network.
Our Fair Usage Policy operates in addition to our broadband performance system.
6) Refund Policy
Faulty Items
The procedures, set out here, to cancel an order or return an item do not affect your right to reject faulty goods. Further information can be found at www.consumerdirect.gov.uk <http://www.consumerdirect.gov.uk>. If you do receive a faulty item, please contact us to arrange return on your faulty goods.
Exclusions
Please note certain items cannot be returned, unless Variety Media UK Ltd is at fault. These are Bespoke services, Bespoke services are services such as Web Design, Company Branding, Software Development. These Bespoke items cannot be returned unless the Bespoke Service Agreement document is broken. The Best Service Agreement is a Bespoke specification sheet. Detailing all work to be carried out, your requirements etc.
Returning Goods
If you wish to return goods you have a duty to keep them in your possession and to take reasonable care of them until you return them. Please telephone us if you would like to return your order, and we will send you pre-paid labels so that you can return them for free. Goods must be returned in their original condition, including immediate packaging, within the cooling off period.
Our returns policy does not affect your statutory rights. For further information on your statutory rights look at www.consumerdirect.gov.uk <http://www.consumerdirect.gov.uk>.
Refund System
Variety Media UK must be informed of your requirement to return faulty, not required or BSA goods within 14 days. Payments are refund using the same system as payment was received ie PayPal, Cheque, Bank Transfer. Refunded payments are made within 28 days of your original order.
7) Domain Names Policy
FREE Domain Names
All domain names that are registered FREE upon purchase of a new hosting package are FREE for use with Variety Media UK hosting services. Each FREE domain name is contracted for a minimum period of three months
subscription for the hosting service originally purchased along side that domain name.
FREE Sub Domain Names
FREE Sub Domain Names are provided FREE along side some products and services for use for the life of the product or service only. FREE Sub Domain Names are strictly owned by Variety Media UK Ltd at all times. FREE Sub Domain Names are currently any names under main domain name “.vm-uk.net” for example “user1.vm-uk.net” is classed as a FREE Sub Domain Name.
Transferring Domain Names Away From Variety Media UK Ltd
Customers may transfer domain names away from Variety Media UK Ltd to a different host or DNS supplier. However all domain names are subject to a charge of £8.50 domain unlock and release charge. When transferring domain names to a different host or supplier. Variety Media UK requires the new IPS Tag of the host or supplier you are wanting to transfer to and also the unlock and release charge must be paid in full before any domain names will be unlocked or release. The unlock and release charge includes transferring to the domain name onto a different host or suppliers IPS Tag. Domain names must be fully paid and must NOT be tied into the minimum three month contract in order for domain names to be unlocked and released. FREE Sub Domain names are provided FREE for the life of the service issues with and are strictly non-transferable or cannot be unlocked or released. Services must continue to keep FREE Sub Domains active. Variety Media UK Ltd will not be held responsible for transferring domain names away from Variety Media UK Ltd. The £8.50 unlock and release charge is the basic charge to cover costs of changing the IPS Tag to a new one and to unlock the domain name. As soon as the said domain name is unlocked and the IPS Tag has changed to the requested on then that said name will be instantly de-activated on Variety Media UK’s system and Variety Media UK Ltd will no longer be responsible for resolving the said domain name.
Transferring Domain Names To Variety Media UK Ltd
Customers can transfer domain names to Variety Media UK Ltd. Customers must contact support for more information about transferring domain names to Variety Media UK Ltd, however Variety Media UK Ltd do require the minimum registration period to be paid to transfer domain names in. Variety Media UK will provide you with the IPS Tag to instruct your original supplier or host provider to change the IPS Tag. Your original supplier or host provider may require a charge for transferring your domain name, please check with your original supplier or host provider. Variety Media UK Ltd are not held responsible for customers domain names not originally registered with Variety Media UK Ltd.
DNS Hosting Services
Variety Media UK offers DNS only hosting for £1.00 per month per domain name. DNS only hosting is ideal for customers not wanting to transfer the domain names away from Variety Media UK, but wishes to host with an alternative host or supplier.
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IF YOU HAVE ANY QUESTIONS ABOUT THE INFORMATION THEN PLEASE CONTACT US VIA LEGAL@VARIETYMEDIAUK.COM <mailto:LEGAL@VARIETYMEDIAUK.COM> OR BY PHONING 07040 900 380 IMMEDIATLY!
Variety Media UK Ltd Registered in England and Wales Company Number: 05910515
REVISIONS TO THIS ACCEPTABLE USE POLICY
We reserve the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
4) Privacy Policy
Variety Media UK is strongly committed to the protection of your privacy. The purpose of this privacy statement is to inform you of what information we may gather about you when you visit our website and how this information is used. questions concerning this privacy statement should be be directed towards us straight away.
1. Links to other websites
The Variety Media UK website may contain links to third-party websites for you convenience and information. When accessing those links, you may leave Variety Media UK. We do not control theses websites or the content located on them. Their privacy practices may differ from Eclipse 2000 Hosting. We encourage that you review the privacy statement of any company before submitting personal information.
2. Types of information we collect
Personal information
Your personal information is collected only when you submit it via our web site. This information is used to associate the service you have purchased with you. This information will never be shared with a third party. The confidential information you submit to our merchant partner, PayPal, Inc., such as your credit card number is secure and is not shared with us, Variety Media UK.
Non-personal information
Non-personal information we collect can and may include the pages you visit on the Variety Media UK website, the time and date you visited those pages, the type of browser you used to access the pages, and your IP address. Some pages of the Variety Media UK website use cookies.
3. Minors
Variety Media UK recommends that parents/guardians have an active role in their children’s internet activities. We do not knowingly collect information from children under 13 years of age.
4. Information accuracy
We ask that you keep the information you submit to Variety Media UK accurate. Please do not submit false or inaccurate information. If you need to make changes to your personal information, please login to your member area or contact us via our online ticket support system.
5. Changes to this policy
Please note that this privacy policy may change from time to time. It is your responsibility to review this policy from time to time. Most changes will be minor but may be major. All changes will be posted on this page.
6. Contacting Us
Questions concerning this privacy statement should be directed to Variety Media UK via our contact form for clarifications.
5) Broadband Performance Policy
Why do we have a fair usage policy?
Variety Media UK is committed to ensuring our customers receive the best broadband performance for a competitive price.
To achieve this goal we provide a contended broadband service. This means our Internet bandwidth is shared with all our customers at any one point in time. The amount that we contend will depend on whether you are a business or residential customer and the type of service you buy from us. Contention is a proven method for providing fast and cost effective services and is used by nearly every broadband service provider in the UK.
However, a small number of customers use more than their “fair share” of Internet bandwidth during peak hours. We often see less than 1% of customers using a disproportionate amount of Internet bandwidth during peak hours. These customers degrade the performance of our broadband service by taking bandwidth away from customers who use the service fairly.
In summary, we wish to be fair to you and our services are “unlimited” for normal usage at home or your place of work.
How will I be affected?
You will only be affected by the fair usage policy if you use file sharing software such as peer to peer (p2p), file transfer (ftp) or binary newsgroups (USENET) during peak periods.
If you exceed the fair usage limit for your product then your broadband contention will be increased and the performance of your broadband will degrade. We will email you to confirm you have exceeded your fair usage limit. Restrictions will only be applied if you exceed your peak time limit in two consecutive months.
At the end of the month, your fair usage limits are reset and your broadband contention will return to normal. We will not email you to confirm your fair usage limits have been reset.
How do I change my behaviour?
If you wish to use file sharing applications without being affected by the fair usage policy, simply schedule your file sharing to operate outside of peak hours (i.e. midnight until 7am is the best time).
Applicable products
The fair usage policy currently relates to the Home Broadband service only. The table below shows the number of gigabytes (GB) per month that maybe transferred during peak hours which are from 6pm until midnight every day.
Home Broadband Peak Limit Off Peak Limit
Basic 20GB None
Gold 30GB None
Platinum 40GB None
Evolution 50GB None
The Home Broadband product is charged according to the number of gigabytes that you transfer every month and consequently a fair usage policy does not apply.
Fair usage for business customers using the Business Broadband products are handled on a case by case basis as we appreciate that customers manage their Internet usage within their business. Business products must not be used by residential customers who wish to use file sharing applications.
Can you give a specific figure for the performance of your service?
Variety Media UK has introduced a new structure of broadband packages based on performance. This is very different to the old ‘contention ratio’ method, which is no longer used by the industry for 8Mbps services. Therefore, we are unable to give a specific ratio figure as this will vary from minute to minute depending on the number of people using our network.
Our Fair Usage Policy operates in addition to our broadband performance system.
6) Refund Policy
Faulty Items
The procedures, set out here, to cancel an order or return an item do not affect your right to reject faulty goods. Further information can be found at www.consumerdirect.gov.uk <http://www.consumerdirect.gov.uk>. If you do receive a faulty item, please contact us to arrange return on your faulty goods.
Exclusions
Please note certain items cannot be returned, unless Variety Media UK Ltd is at fault. These are Bespoke services, Bespoke services are services such as Web Design, Company Branding, Software Development. These Bespoke items cannot be returned unless the Bespoke Service Agreement document is broken. The Best Service Agreement is a Bespoke specification sheet. Detailing all work to be carried out, your requirements etc.
Returning Goods
If you wish to return goods you have a duty to keep them in your possession and to take reasonable care of them until you return them. Please telephone us if you would like to return your order, and we will send you pre-paid labels so that you can return them for free. Goods must be returned in their original condition, including immediate packaging, within the cooling off period.
Our returns policy does not affect your statutory rights. For further information on your statutory rights look at www.consumerdirect.gov.uk <http://www.consumerdirect.gov.uk>.
Refund System
Variety Media UK must be informed of your requirement to return faulty, not required or BSA goods within 14 days. Payments are refund using the same system as payment was received ie PayPal, Cheque, Bank Transfer. Refunded payments are made within 28 days of your original order.
7) Domain Names Policy
FREE Domain Names
All domain names that are registered FREE upon purchase of a new hosting package are FREE for use with Variety Media UK hosting services. Each FREE domain name is contracted for a minimum period of three months
subscription for the hosting service originally purchased along side that domain name.
FREE Sub Domain Names
FREE Sub Domain Names are provided FREE along side some products and services for use for the life of the product or service only. FREE Sub Domain Names are strictly owned by Variety Media UK Ltd at all times. FREE Sub Domain Names are currently any names under main domain name “.vm-uk.net” for example “user1.vm-uk.net” is classed as a FREE Sub Domain Name.
Transferring Domain Names Away From Variety Media UK Ltd
Customers may transfer domain names away from Variety Media UK Ltd to a different host or DNS supplier. However all domain names are subject to a charge of £8.50 domain unlock and release charge. When transferring domain names to a different host or supplier. Variety Media UK requires the new IPS Tag of the host or supplier you are wanting to transfer to and also the unlock and release charge must be paid in full before any domain names will be unlocked or release. The unlock and release charge includes transferring to the domain name onto a different host or suppliers IPS Tag. Domain names must be fully paid and must NOT be tied into the minimum three month contract in order for domain names to be unlocked and released. FREE Sub Domain names are provided FREE for the life of the service issues with and are strictly non-transferable or cannot be unlocked or released. Services must continue to keep FREE Sub Domains active. Variety Media UK Ltd will not be held responsible for transferring domain names away from Variety Media UK Ltd. The £8.50 unlock and release charge is the basic charge to cover costs of changing the IPS Tag to a new one and to unlock the domain name. As soon as the said domain name is unlocked and the IPS Tag has changed to the requested on then that said name will be instantly de-activated on Variety Media UK’s system and Variety Media UK Ltd will no longer be responsible for resolving the said domain name.
Transferring Domain Names To Variety Media UK Ltd
Customers can transfer domain names to Variety Media UK Ltd. Customers must contact support for more information about transferring domain names to Variety Media UK Ltd, however Variety Media UK Ltd do require the minimum registration period to be paid to transfer domain names in. Variety Media UK will provide you with the IPS Tag to instruct your original supplier or host provider to change the IPS Tag. Your original supplier or host provider may require a charge for transferring your domain name, please check with your original supplier or host provider. Variety Media UK Ltd are not held responsible for customers domain names not originally registered with Variety Media UK Ltd.
DNS Hosting Services
Variety Media UK offers DNS only hosting for £1.00 per month per domain name. DNS only hosting is ideal for customers not wanting to transfer the domain names away from Variety Media UK, but wishes to host with an alternative host or supplier.
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IF YOU HAVE ANY QUESTIONS ABOUT THE INFORMATION THEN PLEASE CONTACT US VIA LEGAL@VARIETYMEDIAUK.COM <mailto:LEGAL@VARIETYMEDIAUK.COM> OR BY PHONING 07040 900 380 IMMEDIATLY!
Variety Media UK Ltd Registered in England and Wales Company Number: 05910515
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