Terms & Conditions

1. All services provided by OceanWeb Limited ("OceanWeb") may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of U.K., European & Worldwide law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless OceanWeb from any claims resulting from the use of the service which damages the subscriber or any other parties.
2. NOTE: Pornography and sex-related merchandising are prohibited on any OceanWeb servers. OceanWeb will be the sole arbiter as to what constitutes a violation of this provision.
3. NOTE: Spamming, or the sending of unsolicited eMail, from a OceanWeb server or using an eMail address that is maintained on a OceanWeb machine is STRICTLY prohibited.
4. OceanWeb will be the sole arbiter as to what constitutes a violation of this provision. Any access to other networks connected to OceanWeb must comply with the rules appropriate for that other network.
5. The Service is accessed via a telecommunications dial-up connection. This Contract does not include the provision of telecommunication services necessary for connection to the Service. You are responsible for making a separate application for the appropriate service and for complying with the conditions applicable to it.
6. You are responsible for providing a suitable PC, Apple Macintosh, modem, ISDN, ADSL and any other items of hardware or communications equipment necessary to enable you to access the Service.
7. We cannot guarantee that the Service will never be faulty but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by telephone, electronic mail or in writing to the address below.
8. We may temporarily suspend the Service for operational reasons, but before doing so will give you as much notice as is reasonably practicable. We will restore the Service as soon as reasonably practicable after temporary suspension.
9. We may vary the technical specification of the Service from time to time.
10. Payment Terms. Payment is due immediately after date of invoice. Accounts are in default if payment is not received within 15 days after date of invoice. If a subscriber's cheque is returned by the bank as not redeemable, the subscriber will be deemed to be in default, and will be liable for a "returned cheque" charge of £30. Accounts unpaid 30 days after date of invoice may have their service interrupted. Such interruption does not relieve the subscriber from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. An administration charge of £100 is liable in order to recommence hosting services after service interruption due to late payment. Accounts in default are subject to a late payment charge of £15 and an interest charge of 1.5% per month on the outstanding balance. If the subscriber's state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for the subscriber's state will be charged. If the subscriber defaults, the subscriber agrees to pay OceanWeb it's reasonable expenses, including legal and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
11. Hosting Terms. The Minimum Period of Service begins from the day when you complete and return the OceanWeb Contract and we and you enter into this Contract. You agree to pay all charges for the Service as specified in the Hosting Contract Price List. The Minimum Period of Service is 12 months.
12. Unless otherwise specified in the Price List, all charges are payable in advance. Unless we notify you to the contrary, liability for charges will start from the day on which you register and the Service is made available.
13. Unless the Price List provides otherwise, all charges for the Service are exclusive of Value Added Tax which you must also pay to us.
14. You agree to pay for the Service by the method of payment which you choose from the Hosting Contract. If Standing Order is chosen, you authorise us to charge to your chosen account all charges for the Service as specified in the Hosting Contract.
15. We reserve the right to vary any of the charges for the Service at any time but we will give you 14 days notice before the new charges become effective.
16. Notice period to cancel. At any time after the Minimum Period of Service has been provided this Contract or the provision of any service or facility under it may be ended by 30 day's written notice from you to us.
17. All files, information and mail under the account will be preserved for 30 days from the date the payment is due. If the payment is not received after 30 days, all files, information and mail under the account will be deleted. If the subscriber wishes to use the service again, the subscriber must re-apply as a new subscriber. For this, an activation fee will be required.
18. The subscriber agrees that the company has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account with the company is terminated, for any reason, by either the OceanWeb or the subscriber.
19. OceanWeb shall have the right to suspend service to the subscriber at any time, and for any reason, without notice. If such a suspension is to last for more then 30 days, the subscriber will be notified as to the reason.
20. Service provided by OceanWeb may be cancelled in writing at any time subject to the Minimum Period of Service, but with no penalty. OceanWeb reserves the right to change the rate by notifying the subscriber 30 days in advance of the effective date of the change.
21. The subscriber must certify that he or she is at least 18 years of age.
22. If the subscriber requests that OceanWeb provide services not delineated herein any time during the 30 day period and thereafter, the subscriber agrees to pay OceanWeb's price for such services in effect at the time such service was rendered. Details of current charges are available on request.
23. OceanWeb exercises no control whatsoever over the content of the information passing through OceanWeb.
24. OceanWeb makes no warranties of any kind, whether expressed or implied, for the service it is providing. OceanWeb also disclaims any warranty of merchantability or fitness for a particular purpose. OceanWeb will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by OceanWeb's negligence or the subscriber's errors or omissions.
25. Use of any information obtained via OceanWeb is at your own risk. OceanWeb specifically denies any responsibility for the accuracy or quality of information obtained through its services.
LIMITED LIABILITY.
ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of OceanWeb Service constitutes acceptance of these Terms and Conditions.
Copyright © OceanWeb 2005