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The following terms relate to dedicated servers only:
We will be the owner of the Server
The Server shall be installed and operated in our data centers. You will have no right of physical access to the Server or the Space.
We shall have no liability for any loss or damage to any data stored on the Server.
You acknowledge that we cannot guarantee that the Server will be free from defects. Nor can we guarantee that it will operate uninterrupted or without failure. We shall use our reasonable endeavors to make available to you at all times the Service(s) but we shall not, in any event, be liable for interruptions of service or down-time of the Server and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
Should we become aware of a Server fault, we will at our option repair the Server or provide an equivalent Server as a replacement as soon as practicably possible.
Any replacement Server will be provided in the default configuration as the Server was originally supplied. We do not warrant that any data, content or settings present on the original Server will be transferred to the replacement.
Please see the Bandwidth section for our bandwidth terms.
Please note that should we have to enforce a charge due to over usage of our Fair Usage Policy we will provide a means for you to monitor the data transfer usage of the Server.
You accept that if the Server exceeds its data transfer quota in any billing period, we will charge you for the additional data transfer at our standard rate. Whilst every effort is made to guarantee the bandwidth, there may be downtime incurred. You accept that this may occur and there is no liability on us.
Any access to other networks through the Services must comply with the rules appropriate for those other networks.
We may assign to the Server on a temporary basis a number of Internet Protocol Addresses ("IP Addresses") from the address space assigned to us by the RIPE. You acknowledge that the IP Addresses are the sole property of Easynic, and are assigned to you as part of the Services, and agree that you will have no right to IP Addresses upon termination of this Agreement. We reserve the right to change the IP Address assignments at any time.
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Service(s).
We grant you a non-transferable, non-exclusive license to resell the Software provided or contained in the Server Value Pack worldwide, in object code form only, for your resell needs, solely on the Hardware provided, and in conjunction with the Service(s).
You agree that you will not:
Copy the Software.
Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software.
Sell, lease, license, transfer or sublicense the Software or the documentation.
Write or develop any derivative or other software programs, based, in whole or in part, upon the Software.
This Agreement transfers to you neither title nor any intellectual property rights to the Software, documentation, or any copyrights, patents or trademarks, embodied or used in connection therewith, except for the limited license to use as set out in this agreement
Any third party software is supplied to you on the basis of the relevant third party's license terms with which you agree to comply.
In the case of Microsoft software specifically, you agree to the general terms of use in Schedule A and warrant that your use of the software will comply with the license provided as detailed in Schedule B.
We will use our reasonable endeavors to check the Software for the most commonly known viruses prior to delivery to you. However, you are solely responsible for virus scanning the Software and we give no warranty that the Software will be free from viruses.
You acknowledge that software in general is not error-free, and agree that the existence of such errors will not constitute a breach of this Agreement.
We will install the Software detailed in the product specification onto the Hardware in our standard configuration free of additional charge unless otherwise specified at time of sale.
We will endeavor to apply security patches or take mitigating action such as blocking certain network traffic to maintain the integrity of the Server when we are made aware of security vulnerability in Software installed as standard which we deem a threat considering the intended use of the Service(s) for web site hosting.
However we do not warrant that the Software will be free from defects or vulnerabilities nor that the Server will be free from unauthorised users or hackers.
We are not obliged to install onto the Server any additional software for you or modify the configuration of existing software from its default. You acknowledge that should we agree to do so, a charge may be made to cover employee time.
We provide technical support relating to the Server and Software physically functioning. We do not offer technical support for application specific issues such as CGI programming, HTML or any other such issue.
We do not provide technical support for your customers.
Our obligation to provide support and management services will not extend to:
Software or systems not installed as standard by us.
Software or systems configured or modified by you other than through the provided web based control panel.
Correction of faults arising from your failure to comply with instructions or recommendations provided by us directly or through documentation and manuals.
Rectification of lost or corrupted data.
We may at any time and from time to time improve, correct or otherwise modify all or any of the Service(s) (including substituting Software and/or Server with software or equipment of similar specification) provided that such modification does not materially affect provision of the Service(s) to you. We will endeavor to give you reasonable notice of any such modification, where this is reasonably practicable.
Unless you purchase a data backup product as an additional cost option, we will make no backups of the data stored on the Server beyond that which is advertised.
In the event that you purchase a data backup product, we will endeavor to make backups of the data stored on the Server and make them available to you in accordance with the specification of the data backup product. However we do not warrant that any data will be backed up correctly, nor that any successful restoration of data will be possible.
Regardless of whether you purchase a data backup product, we shall have no liability for any loss or damage to any data stored on the Server or backup mediums.
We recommend that you make a backup of all data on the Server regardless of whether you have purchased a data backup product. We will not be held liable if a backup is not available to you.
You shall keep secure any identification, password and other confidential information relating to your account or the Service(s) and shall notify us immediately of any known or suspected unauthorised use of the Service(s) or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.
You shall observe the procedures which we may from time to time prescribe and shall make no use of the Service(s) which is detrimental to our other customers.
In the case of an individual User, you warrant that you are at least 18 years of age and if the user is a company, you warrant that the Service(s) will not be used by anyone under the age of 18 years.
You are solely responsible for the content of any postings, data or transmissions using the Service(s) or any other use of the Service(s) by you or by any person or entity.
You represent, undertake and warrant to us that neither you or any person or entity will use the Services for illegal, disruptive or objectionable purposes. In particular, you represent, warrant and undertake to us that
You will not use the Service(s) in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
You will not upload, post, link to or transmit:
any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
any material containing a virus or other hostile computer program.
any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
All email sent using the Service(s), or which refers to content hosted on the Service(s) will be in accordance with applicable legislation (including data protection and electronic communications legislation).
You will not use the Service(s) in any manner which interferes with, or disrupts, other network users, services or equipment including, without limitation, unsolicited advertising or chain letters, inappropriate news group or forum posts, wrongly impersonating another user and falsifying one's network identity.
You will not use the Service(s) to make or attempt to make unauthorised entry to any other machine accessible location, via the network.
You will not use the Service(s) to host an Internet Relay Chat (IRC) server or bot that is part of or connected to another IRC network or server.
If we have reasonable grounds to believe that you are or have been utilising the Services for any such illegal, disruptive or objectionable purpose, we may immediately, without prior notice to you:
Suspend the Services.
Terminate this Agreement.
Amend, remove from the Server or prevent access to the offending material or content.
You shall defend, indemnify and hold harmless us from and against all liabilities and costs (including reasonable solicitor's fees and litigation expenses) from any and all claims by any entity arising out of your use of the Service(s), including those without consent.
The Service Level Agreement hereinafter referred to as the SLA sets out our aims with regard to the level of service provided.
Our failure to meet an aim set out in the SLA will not constitute a breach of this contract.
Our aim is to provide an uptime internet connectivity guarantee of 99.5% uptime for your server. If our connectivity fails to meet the 99.5% uptime guarantee then you will be eligible to claim a refund of one day’s service fee for every hour that our internet connectivity is unavailable.
Please note that scheduled downtime and maintenance periods are not covered and any compensation will be limited to the total fees that you have paid in any one month. We will not refund more than your monthly service fee for any period of downtime.
Events which do not constitute internet down-time include but are not limited to:
A problem in your access provider's network or that of their upstream providers which prevents you from accessing the network.
A problem with your Server's hardware or software which renders it or an application or service on it inoperable.
The period during which network protocols such as STP, OSPF and BGP are re-converging after an equipment or link failure.
A failure due to a power cut or reduction in power resulting in a loss of server access.
We shall be entitled to suspend the Service(s) and/or terminate this Agreement forthwith without notice to you if you:
fail to pay any sums due to us as they fall due.
break any of these terms and conditions.
Without prejudice to our other rights and remedies, we may at our sole discretion suspend the provision of the whole or any part of the Service(s) (temporarily or permanently) and will have no liability to provide the Service(s) on the occurrence of any of the following events:
Notified or unscheduled upgrade or maintenance of our IT systems.
Issue by any competent authority of an order which is binding on us which affects the Service(s).
We deem at our sole discretion that the network or system resources used by you in relation to the Service(s) warrants suspension to protect the services provided by us to all or any of our other customers.
You may cancel the Service(s) at any time with 30 days notice if you have elected a monthly payment plan or 12 months notice if you have elected a 12 month term plan . To do so, you must request cancellation of the Services in writing including your server number and your account username and password. We will cancel the Service(s) within fourteen (14) working days of receipt of your request. No refund will be made on the service.
On termination of this Agreement or suspension of the Service(s) we shall be entitled immediately to stop access to your Server and to remove all data located on the Server.
This schedule concerns your use of Microsoft software, which includes computer software provided to you by us as described below, and may include associated media, printed materials, and "online " or electronic documentation (individually and collectively "SOFTWARE PRODUCTS").
We do not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights and limitations of which Easynic needs to inform you. Your right to use the SOFTWARE PRODUCTS is subject to your agreement with us, and to your understanding of, compliance with and consent to the following terms and conditions, which we do not have authority to vary, alter or amend.
"Client Software" means software that allows a Device to access or utilize the services or functionality provided by the Server Software.
"Device" means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, "smart phone," or other electron device.
"Server Software" means software that provides services or functionality on a computer acting as a server.
"Redistribution Software" means the software described in Paragraph 4 ("Use of Redistribution Software") below.
The SOFTWARE PRODUCTS are licensed to us from an affiliate of the Microsoft Corporation ("Microsoft"). All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers.
The SOFTWARE PRODUCTS are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the SOFTWARE PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS or any intellectual property rights to you.
You may use the Client Software installed on your Devices by us only in accordance with the instructions, and only in connection with the services, provided to you by us.
In connection with the services provided to you by us, you may have access to certain "sample," "re-distributable" and/or software development ("SDK") software code and tools (individually and collectively "Redistribution Software").
YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS ( "SPUR") APPLICABLE TO US, WHICH TERMS MUST BE PROVIDED TO YOU BY US.
Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by us.
You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may (a) make one (1) copy of Client Software on your Device as expressly authorised by us; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software).
You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with us upon notice from us or upon transfer of your Device to another person or entity, whichever first occurs. You may not copy any printed materials accompanying the SOFTWARE PRODUCTS.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.
You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS.
Without prejudice to any other rights, we may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.
ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY US AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.
Any product support for the SOFTWARE PRODUCTS is provided to you by us and is not provided by Microsoft or its affiliates or subsidiaries.
THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
In addition to any liability you may have to us, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
This document details the type of Microsoft license together with key usage rights and restrictions of such license as is provided with our range of dedicated server products. These rights and restrictions are not exhaustive and it is your responsibility to ensure that your use of the Service(s) complies with the Microsoft license provided. Should you wish to use the Service(s) in a manner which does not comply with the Microsoft license provided as standard, you must make arrangements with u to obtain the appropriate license type.
Windows Server 2003 Web Edition Processor License – The Server Software may be used solely for deployment of Web pages, Web sites, Web applications, Web services, and POP3 mail serving.
You may install web server software (for example, Microsoft Internet Information Services), non-enterprise database engine software licensed to support not more than twenty-five (25) concurrent Users (for example, Microsoft SQL Server Desktop Engine), or web availability management software (for example, Microsoft Application Center).
These applications may access data from any one or more of the following applications deployed on a separate Server: (i) database software (such as Microsoft SQL Server), and or (ii) business application software (for example, enterprise email, enterprise resource planning, and customer relationship management). Any other usage of the Server Software is not permitted.
Windows Server 2003 Anonymous Processor License - You may allow only the following Users to use or access the Server Software: (i) Users who access the Server Software solely through the Internet and are not authenticated or otherwise individually distinguished by the Server Software or a Multiplexing Service (for example, by browsing a public website anonymously). (ii) Users who access and use the Server Software solely as a platform for server applications (excluding applications that have direct or indirect interaction with Windows authentication services (when user or application credentials are exchanged between the Server Software and a User or Device), for example without limitation Microsoft Exchange Server and Microsoft SharePoint Portal Server). A "Multiplexing Service" is a software application or service accessing or using the Server Software at the request of or on behalf of a User. No other Users may use or access the Server Software with the limited exception that you may permit up to five (5) other Users to use or access the services of a Server running the Server Software.
SQL Server 2000 Standard Edition Processor License