IMPORTANT NOTICE All Users of services provided by Mac-1 Internet Limited, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.
NOTE: Slanderous, Racist, Pornography and sex-related merchandising are PROHIBITED on any Mac-1 Internet Limited server. NOTE: Spamming, or the sending of unsolicited email, from a Mac-1 Internet Limited server or using an email address that is maintained on a Mac-1 Internet Limited machine is STRICTLY PROHIBITED.
This Agreement is made between Mac-1 Internet Limited ("we") and the User ("you"). The following constitute the Terms and Conditions under which Mac-1 Internet Limited trades, and supplies its services and related products. These conditions, in conjunction with the details as shown on the Mac-1 Internet Limited Order Form (where completed) represent the totality of the agreement and form the Contract between Mac-1 Internet Limited and the User. Any agreed variation or alteration to part of these Terms and Conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order. Mac-1 Internet Limited is entitled to suspend services if the User does not adhere to any or several conditions of this Contract.
1. DEFINITIONS
In this Contract unless the context otherwise requires:
"Services" means domain name registration, web site hosting, bandwidth provision, email provision and hosting, website development, database development, podcast hosting, Google marketing, Phone services including CPS, 0870, VOIP and any other service or facility provided by us to you;
"Server" means the computer server equipment operated and owned by us or provided by you to our co-location facility in connection with the provision of the Services;
"Web Space" means the area on the Server allocated by us to you for use by you as a site on the Internet;
"Mac-1" means Mac-1 Internet Limited, incorporated in England;
"Contract" means the Contract between Mac-1 and the User incorporating these conditions, the Mac-1 Order Form (where completed) and Mac-1's published charges for the provision of its services;
"Charges" means the charges as agreed on the Order Form (where completed) and Mac-1's latest published prices for products and services requested or incurred during the Contract period;
"bandwidth" means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract;
"Site" means the premises or location at which Service is or is to be provided under this Contract;
"Equipment" means equipment which is supplied by or on behalf of Mac-1 to the customer or placed at or on a Site for the purpose of providing Service;
"Internet" means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Internet Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;
"User" means you the customer or any person who makes use of the services through you or on your behalf;
"Minimum Contract term" means the minimum period of service as specified in clause 6;
2. DOMAIN NAME REGISTRATION
2.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk;
2.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name;
2.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute;
2.4 We give no warranty that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name;
2.5 We shall not release any domain to another provider unless full payment for that domain has been received by us.
2.6 If the user decides to move the domain within the first 12 months while the domain is being hosted with Mac-1 Internet Limited, the customer will be charged a £50 transfer fee.
3. WEB SITE HOSTING AND EMAIL
3.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server;
3.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server;
3.3 You represent, undertake and warrant to us that you will use the Web Space allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that;
3.3.1 You will not use the Server 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;
3.3.2 You will not post, link to or transmit: (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way; (b) any material containing a virus or other hostile computer program; (c) 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;
3.3.3 You will not hold Mac-1 in breach of any part of this contract or breach of any of your own contracts in relation to copyright by the provision of hosting your site - and by taking backup copies of your data from time to time.
3.3 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information
3.4 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers;
3.5 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner;
3.6 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 Services will not be used by anyone under the age of 18 years;
3.7 Any access to other networks connected to Mac-1 must comply with the rules appropriate for those other networks;
3.8 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email;
4. RESELLING
4.1 If you are or become a reseller of our Services you will continue to be bound by these terms and conditions; you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these;
4.2 You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any Contract binding on us;
4.3 You may resell the Mac-1 Service provided that you have paid our Charges and that you do so based on your own technical and legal responsibility and never sell bandwidth or speed of Service greater than that you have contracted to purchase from Mac-1. Furthermore you must not purport or claim that the resale is a resale of the Mac-1 Service. You must at all times clarify that you are selling connections or bandwidth from your own network. You will hold Mac-1 indemnified against any claims from a party to whom you have resold and will ensure that your own terms and conditions in any resale Contract include and comply with the provisions of this agreement. If Mac-1 agrees any change in Service this Contract is to be treated as varied accordingly;
4.4 No default by your customers shall in any way affect, modify or limit your obligations under this Agreement;
5. MAC-1 SERVICE
5.1 Connection to the Mac-1 Service is via a fixed telecommunications link, ADSL or dial up connection. This Contract, unless specifically stated on the order form, does not include the provision of telecommunications services necessary for connection to the Mac-1 Service;
5.2 Requests relating to the provision of Service are, unless otherwise agreed to be made or confirmed in writing or by electronic mail;
5.3 Mac-1 will use all reasonable endeavours to adhere to any dates proposed by either Mac-1 or you for the provision of Service, however any such date is to be treated as an estimate only and Mac-1 accepts no liability for failure to meet such dates;
5.4 Mac-1 will use all reasonable endeavours to provide a reliable Service, however it is not practicable to provide such a Service free of faults and Mac-1 does not undertake to do so. In the event of a fault in Service, you must report the fault by telephone, or electronic mail to Mac-1's Technical Support at the appropriate numbers or addresses or other such numbers or addresses that Mac-1 may from time to time provide. Upon receipt of the fault report, Mac-1 will take all proper steps without undue delay to correct the fault. Mac-1 shall not, in any event, be liable for interruptions of Service or down-time of a Server;
5.5 Mac-1 may:
6. COMMENCEMENT AND MINIMUM PERIOD OF SERVICE
The Service shall be for a minimum period of 90 days, unless specified on any Order Form you have received from Mac-1 Internet Limited (where completed). The minimum period shall commence upon connection to our network. Connection shall be deemed to be effected when the link is first live to the your Site or other such point as requested by you, to the Mac-1 network.
7. BANDWIDTH USAGE POLICY
Mac-1 continuously monitors its network and may take measures to control congestion if there is evidence that this is occurring. If usage is such that it is significantly affecting service to other Mac-1 users we will instigate congestion control measures. This is necessary to allow all users to access the service. Each package is highlighted as follows:
7.1 0845 dialup
We place no usage limits on this service, you can use the service for as long as you need, however calls will be charged at local governed rates as set down by your telephone line provider.
7.2 FRIACO
These packages are all time based as set per the order form. You can use this quota how you please, but once you have reached your time usage level, access will be restricted to our 0845 Local Rate Number until the 1st of next available month.
7.3 BROADBAND
We provide 12 different broadband packages. 6 are unlimited - where you will be provided the speed you have ordered - with unlimited data downloads. The 6 MAX packages will provide you a fixed amount of data that you can download in one month, witch will give you 90% of your daily allowance at your lines capacity each day and the remaining 10% at the networks available capacity. These figures will be reset at 10pm each day. Ie. If you have a 30GB data limit per month, divide 30 by 20 days = 1.5GB per day limit * 90% will give you 1.35GB per day of your MAX speed.
8. CONTENT AND MISUSE
8.1 You will use all reasonable endeavours to ensure that the Mac-1 Service is used or includes content that conforms to the laws of the this country and will not knowingly permit any illegal use or such use that will bring Mac-1 into disrepute;
8.2 You must not, nor must any other person, use the Service: to send or receive any material which is offensive, abusive, indecent, obscene or menacing; or in breach of confidence, copyright, privacy or any other rights; to cause annoyance, inconvenience or needless anxiety; or in breach of any provisions as contained within clauses 3 and 4 of this Contract; or other than in conformance with the acceptable use policies of any connected networks and the Internet standards;
8.3 Mac-1 may discontinue Service if after due warning the User continues to permit such illegal or disreputable use. If Mac-1 suspends service for contravention of the above conditions of this clause, Mac-1 can refuse to restore Service until it receives an acceptable assurance from the User that there will be no further contravention;
9. CHARGES AND PAYMENT
9.1 All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25;
9.2 All Charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site or on the Order Form (where completed) and shall be due and payable in advance of our service provision. Charges are exclusive of 'Value Added Tax';
9.3 You acknowledge that our Services are provided using facilities provided to us by third parties; Mac-1 shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the minimum Contract term or the continuation of the Contract, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate this Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date this Contract ends;
9.4 All charges unless otherwise agreed are payable in advance. Unless otherwise specified and agreed, set-up and installation charges are payable on order. Mac-1 agrees to be party to this Contract upon Mac-1's acceptance of cleared funds covering first invoice or the first payment under the Order Form (where completed). Recurring charges are payable on connection as defined in clause 5.1 of this agreement and thereafter on or before the same day (the due date) of all subsequent months under the minimum Contract term. If payment is not received on or before the due date Mac-1 reserves the right to immediately withdraw, suspend or limit service and will charge the User a failure fee of 11.25% (simple interest) of the amount overdue per month;
9.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. If such a suspension is imposed, you will be liable for a "reconnection" charge of £30.
9.6 Refunds cannot be issued on any FRIACO or BROADBAND services as once subscribed, Mac-1 Internet Limited has to pay a supplier for your connection. This applies even if you haven't connected using your new service.
9.7 Refunds on DSL line activation cannot be issued once your line has been activated. Refunds are by credit note only. Refunds are not given once a modem has been used or the software installed. DSL monthly fee Refunds are not given.
9.8 If your DSL line fails line activation you will be refunded in full.
10. DEFAULT
10.1 If you do not pay the charges in accordance with the provisions of clause 9 of this Contract, or break this Contract in any other way; or are subject to bankruptcy or insolvency proceedings; Mac-1 can (without prejudicing, losing or reducing any other right or remedy) suspend service, including partially, temporarily without notice, albeit the User remains liable to pay rental during the suspension, or terminate this Contract by immediate notice, without prejudice to Mac-1's pre-existing rights;
10.2 Bankruptcy or insolvency proceeding means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed;
10.3 You continue to be liable to pay all charges which are due for Service during any period in which you do not comply with this Contract;
10.4 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit;
10.5 If Mac-1 waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by Mac-1 in acting upon a breach is not to be regarded in itself as a waiver.
11. TERMINATION AND CHANGES OF SERVICE
11.1 This Contract may be terminated by either party on giving at least 30 days notice to the other expiring on the last day of the minimum Contract term or at any time thereafter. If Mac-1 gives notice you shall pay all charges up to the expiry of the notice. If you give notice, you shall pay all charges until 30 days after the date Mac-1 receives the notice or until expiry of the notice, whichever is the latter. Your notice does not avoid any other liability for Service already provided.
11.2 Mac-1 reserves the right to change the terms and conditions of service providing all parties with 14 days notice of these changes by either email, first class post or record delivery. Upon receipt of changes parties may carry out either point 9.3 or 11.1 of these terms.
11.3 Mac-1 reserves the right to terminate your account without notice, but normally suspending accounts will be the first cause of action.
11.4 Mac-1 reserves the right to terminate all dial-up accounts that have not been accessed via dial-up during a 60 day period. Accounts at this point will be suspended for a further 30 days giving the customer a total grace period of 90 days to continue with the dial-up service. If no contact is made by the customer over this period, Mac-1 reserves the right at this point to re-issue the username and delete any files relating to this account.
12. CALLING LINE IDENTIFICATION
In order to access the dial-up service the customer must make sure that the telephone calling line identification is not blocked from the telephone line used to access Mac-1. Failure to present the calling line identification when accessing Mac-1 will result in a material breach of these terms and conditions.
13. NOTICES
Any notice to be given by either party to the other will be sent by either email, standard first class or recorded delivery to the address of the other party as appearing in this Agreement or the Order Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by first class / recorded delivery shall be deemed to be served two days following the date of posting;
14. MATTERS BEYOND MAC-1'S REASONABLE CONTROL
Mac-1 is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeur, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.
15. LIABILITY
15.1 You acknowledge that Mac-1 has no control over the information transmitted via the Service and that Mac-1 does not examine the use to which you put the service or the nature of the information you are sending or receiving. Mac-1 hereby excludes all liability of any kind for the transmission or reception of information of whatever nature;
15.2 Mac-1 undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus;
15.3 Mac-1 is not in any way liable in Contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
15.4 Mac-1 makes no warranty as regards to its services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and service interruptions.
15.5 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded;
15.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence;
15.7 Our total aggregate liability to you for any claim in Contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim;
15.8 In any event no claim shall be brought unless you have notified us of the claim within one week of it arising;
16. INDEMNITY
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement;
17. INTELLECTUAL PROPERTY RIGHTS
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name. Websites built by Mac-1, shall be deemed to have the Intellectual property rights owned by Mac-1 - which may include code snippets etc from our own library of coding - and may be used in part within other websites. Assignation of IPR is not an automatic assumed course, and may be negotiated in part or whole for a fee.
18. ASSIGNMENT
You may assign all or part of this Contract to any other party only with the prior written agreement of Mac-1. Mac-1 reserves the right to assign all or part of this Contract at any time to any subsidiary or associate company of Mac-1.
19. LAW
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
20. HEADINGS
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
21. ENTIRE AGREEMENT
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement.
Errors & Omissions Excepted