Ordering any of our services and
accessing your services is deemed acceptance of these Terms & Conditions and
the Acceptable Usage Policy. Please be advised that MODATA, hereafter referred
to as the supplier, may terminate your account without notice for any breach of
the terms in the afore mentioned documents.
1
General Terms
1.1.
It is not acceptable to use this
service for any
unlawful purpose or for the publication, linking to, issue or display of any
unlawful material (which shall include without limit any pirated software or
any material which is obscene, pornographic, threatening, malicious, harmful,
abusive, defamatory or which breaches the rights of any third party or which is
or encourages criminal acts or contains any virus, worm, trojan horse or other
harmful code)
1.2.
The Supplier reserves the right to remove material deemed
inappropriate from your web pages, without prior notice
1.3.
Your
domain remains your property at all times. It may be transferred away from the
Supplier at your discretion.
1.4.
If you permit others
to use our service, you are responsible for making users of the service aware
of all policies and obtaining the compliance of your users with these policies.
1.5.
Full onsite and
offsite backups are maintained for all servers. However, the Supplier accepts
no responsibility for any loss of data, however incurred. You should maintain
independent backups of all data that you store on our server.
1.6.
The Supplier reserves
the right to update / amend these terms at any time without notice. You will be
emailed if there are any significant changes or additions to this document.
1.7.
The Supplier reserves
the right to terminate your account without notice.
1.8.
If the Supplier
becomes concerned that your use of our service may break the law or that you
have not complied with our terms the Supplier will attempt to contact you
before taking any action.
1.9.
Resale of our
services to others is forbidden unless expressly permitted in writing.
1.10. Commercial use of web and ftp space is permitted.
1.11.
You will be responsible for the content of your pages, including
obtaining the legal permission for any works they include and ensuring that the
contents of these pages do not violate Irish or European law.
1.12. You will
be held responsible for any defamatory, confidential, secret or other
proprietary material available via your page(s).
1.13. If the Supplier is prevented or delayed in or from
performing any of its obligations under the Conditions, the Agreement or the
Contract due to circumstances beyond its control such as but not limited to
governmental acts, war, riots, strikes or trade disputes (including by and with
our own employees), technical failure, general availability of the Internet,
power failure, communications failure, weather, flood, fire or explosion,
natural or local emergency the Supplier shall not be liable for this.
2.
Credit / Payment
2.1 Credit
terms are not provided.
2.2
The customer is responsible for all charges on their account until a
written cancellation request is received by standard mail or fax, signed
by the Administrative Contact for that account.
2.3
If your account/service is activated before payment is made then payment
must be sent in full by return.
2.4
If payment is not made in full within 14 days of the due date then all
technical support for the site will be revoked. If payment is still not made in
the following 14 day period your account will be suspended on our systems.
2.5
30 days prior to the end of your contract, you will receive
a renewal invoice. Domain names will
not be renewed unless payment is received or an alternate arrangement has been
previously agreed.
3.1
Specifications, technical documentation and certain items
nominated from time to time by the Supplier shall be designated as confidential
(hereinafter collectively referred to as "Designated Information"),
and the Customer shall not without the prior written consent of the Supplier
divulge any part of the Designated Information to any person except the
Customer's own employees who need to know the same. The Customer undertakes to ensure that the persons and bodies to
whom any part the Designated Information is disclosed are made aware prior to
the disclosure that the same is confidential and shall indemnify The Supplier
against any loss or damage which The Supplier may sustain or incur as a result
of the Customer failing to comply with such undertaking.
3.2
The Customer shall promptly notify The Supplier if it
becomes aware of any breach of confidence by any person to whom the Customer
has divulged all or any part of the Designated Information and shall give the
Supplier all reasonable assistance in connection with any proceedings that may
be instituted against such persons for breach of confidence.
3.3
The Supplier will procure that its employees will treat as
confidential any information which the Customer has designated as confidential.
3.4 The
foregoing obligations as to confidentiality shall remain in full force and
effect notwithstanding any termination of service or Contract.
4
Registration Of Domain Names
4.1 The Customer acknowledges that, whilst the Supplier
shall use its reasonable endeavours to successfully register the requested
domain name, the Supplier shall not be obliged to accept any request to
register or continue to process any registration of a domain name.
4.2 The obligations of the Supplier in relation to
domain name registration shall be limited to forwarding the application to the
relevant naming authority and notifying the result of the application within a
reasonable period after communication from the authority. The Supplier will use
reasonable endeavours to notify you of any renewal dates however the Supplier
accepts no liability for any use or retention of any domain name that is
registered.
4.3 The Supplier makes no representations or
warranties (expressed or implied) of any kind (and they are expressly
disclaimed) with respect to availability or likelihood of successful
registration of any domain name
4.4 The Customer shall check the domain name as
reported on any of the Company's documents sent to the Customer, such as the
invoice, e-mail notification or otherwise, is spelt correctly. In the event of
any error, the Customer should notify the Company promptly and in any event
within 24 hours of receiving such document.
4.5 The Customer shall at all times comply with the
terms and conditions for the registration of domain names published by the
relevant naming authority and generally to the terms and conditions of any such
authority having similar force and to which the Customer may become subject as
a result of services provided by the Supplier.
4.6 The Supplier may from time to time change the
registrar that a domain is held with. The Customer agrees to allow the Supplier
to do so as it sees fit and without notice.
MODATA Acceptable Use Policy ("AUP") is
provided to give our customers and users a clear understanding of what MODATA,
hereafter referred to as the Supplier, expects of them while using the
services. All users of the Suppliers Internet 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 Customer 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, we may remove any materials that,
in our sole discretion, may be illegal, may subject us to liability, or which
may violate this AUP.
VIOLATIONS OF ACCEPTABLE
USE POLICY
The following constitute violations of
this AUP:
1)
Illegal use:
The services may not be used for illegal purposes, or in support of illegal
activities. The Supplier reserves 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 the service to harm, or attempt to harm, minors in any way,
including, but not limited to child pornography.
3)
Threats / Harassment: Use of the service to transmit any material (by e-mail,
uploading, posting or otherwise) that harass, threatens or encourages bodily
harm or destruction of property.
4)
Fraudulent activity: Use of the service
to make fraudulent offers to sell or buy products, items, or services, or to
advance any type of financial scam.
5)
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.
6)
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) :Use of the service to
transmit any unsolicited commercial or unsolicited bulk e-mail is expressly
prohibited.
7)
E-mail / News Bombing: Malicious intent to impede another person's use of
electronic mail services or news.
8)
E-mail / Message Forging: Forging any message header, in part or whole, of any
electronic transmission, originating or passing through the service is in
violation.
9)Usenet
SPAMing:
Posting of messages or commercial advertisements, which violate the rules,
regulations, FAQ or charter of any newsgroups or mailing list.
10)
Unauthorized access: Use of the service to access, or to attempt to access, the
accounts of others, or to penetrate, or attempt to penetrate, security measures
of the Suppliers 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.
11)
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 digitisation and distribution of photographs from magazines,
books, or other copyrighted sources, and the unauthorized transmittal of
copyrighted software.
12)
Collection of personal data: Use of the service to collect, or attempt to collect,
personal information about third parties without their knowledge or consent.
13)
Network disruptions and unfriendly activity: Use of the service for any activity which affects
the ability of other people or systems to use the Suppliers services or the
Internet. This includes "denial of service" (DOS) 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
Customer may not, through action or inaction, allow others to use their network
for illegal or inappropriate actions. A Customer 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. No
attempts should be made 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.
14)
Fraud:
Involves a knowing misrepresentation or misleading statement, writing or
activity made with the intent that the person receiving it will act upon it.
15)
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual
Property Right: Distribution and/or posting of copyrighted or the aforementioned
infringements.
16)
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.
17)
Inappropriate Use of Software: Use of software or any device that would facilitate a
continued connection, i.e. pinging, while using the Suppliers services.
18)
Third Party Accountability: The Customer will be held responsible
and accountable for any activity by third parties, using their account, which
violates guidelines created within the Acceptable Use Policy.