Webstore: terms and conditions

Webstore: End-User License Agreement

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY) AND PRIMA BUSINESS CONTROL SOFTWARE LTD. PLEASE READ IT CAREFULLY BEFORE USING WEBSTORE. IT PROVIDES A LICENSE TO USE WEBSTORE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY USING WEBSTORE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT USE WEBSTORE AND LOG OUT.

1. Service.
1.1. This Agreement ("Agreement") defines the terms and conditions of WebStore services as offered by Prima Business Control Software Ltd. (Prima) and used by you. Prima will provide a WebStore service for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, Prima maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion. We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.

1.2 To become a WebStore account holders, you must read and agree to be bound by all terms and conditions of this Agreement and any policies that are or may be published by Prima. Prima reserves the right to deny service to anyone. Customers that have paid in advance for services will not be affected by any price changes until their term is up. We reserve the right to amend and update these Terms and Conditions at any time without notice.

2. Domain Transfer Charges.
2.1 Please note that in the event you decide to transfer the IPSTAG of a UK domain name (.co.uk or .org.uk) to another hosting company you will be charged an administration fee for us to effect the changes (see our price list for charges).

3. Security.
3.1 Your login account is for your personal/business use only. Please do not divulge the password to any other person, and please take reasonable precautions to ensure that it is not discovered by other people.

4. Server Back Up.
4.1 Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of important data.

5. Server Side Applications.
5.1 If a Prima technician deems user processes, such as CGI, run on WebStore server are adversely affecting the server's performance, for example through CPU load or memory usage, the program may be removed without warning and the ability to run processes on the server may be removed immediately. Common Gateway Interface (CGI) services are supplied only for use within the WebStore account for which CGI services are enabled. CGI programs may not be referenced from other hosting accounts inside or outside Prima's network.

6. Web Content & Email.
6.1 You will be responsible for the content of your WebStore pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate any laws. You agree to use the WebStore Services only for lawful purposes, in compliance with all applicable laws. You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your WebStore page(s). You are responsible for all use of your WebStore site, with or without your knowledge or consent. You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of Prima's servers. You may not post, upload or otherwise distribute copyrighted material on Prima's servers without the consent of the copyright holder.

6.2 Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.

6.3 Users must not participate in any form of un-solicited bulk e-mailing or spam. You may not use WebStore e-mail servers/systems for e-mail membership services such as allowing anyone to sign up for an e-mail account with your domain name that wishes. Your e-mail server/services are intended to be used for you, departments and employees within your organization/company.

6.4 All database management and data management must be done by the customer thorough either the WebStore web interface or by commissioned web services provided by Prima.

6.5 Commercial use of web space is permitted. You may not resell any of our services.

7. Payment.
7.1 All payments are taken on the basis that clients have read the information below:

7.2 Please ensure you send a copy of the invoice with your cheque payment to avoid delays. Please write the domain name and invoice number on the back of your cheque. Service can be activated when we receive payment and it has been cleared through our bank.

7.3 Whilst our pricing may be broken down to a monthly figure all accounts are payable yearly in advance.

8. Prima's Right to Terminate Agreement.
8.1 Prima reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that Prima, in its sole discretion, believes violates this Agreement or is otherwise harmful to Prima's interests or the interests of other account holders.

9. Cancellation of Accounts.
9.1 Charges for cancelling accounts are not prorated on a monthly basis. No refunds are given on any accounts that are pre-paid in advance unless they are cancelled within the first 30 days of when the account was established. Accounts must be paid in full before the cancellation will be considered complete. When cancelling an account, cancellations take effect immediately and do not continue for the amount of your term left on your account.

9.2 When your account is closed, all files (including web pages, etc.) will be deleted.

9.3 Upon placing your order for domain name(s), you have entered into a contract with us for a period of one year and the fee is non refundable.

10. Limited Warranty.
10.1 You acknowledge that the Services are provided "as is." Neither Prima, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. Prima is not responsible for and hereby disclaims any warranties, expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, no infringement, merchantability or fitness for a particular purpose of information available on its SERVERS or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will Prima be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

11. Limitation of Liability.
11.1 IN NO EVENT SHALL PRIMA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE PRIMA'S SERVICES (INCLUDING, BUT NOT LIMITED TO, IN OPERABILITY OF PRIMA'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF PRIMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PRIMA'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO PRIMA FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS.

12. Force Majeure
12.1 Neither party shall be deemed in default of this Agreement or the Client Order to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within ten (10) business days of such event or occurrence.

13. Miscellaneous
(a) In the event that any provision of this Agreement or the Client conflicts with the law under which this Agreement is to be construed, or if any such provision is held invalid by a court with jurisdiction over the parties to this Agreement, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement shall remain in full force and effect.

(b) The failure of Prima to insist upon or enforce strict performance by Client, of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of its right to enforce any such provision or right in any other instance.

(c) You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void.

(d) This Agreement may be modified by Prima at any time by publication through its website (www.prima-webstore.com), except that such changes shall not affect Client Orders that have already been accepted.

(e) This Agreement may be executed in counterparts, each of which shall be deemed an original and both of which when taken together shall be deemed to constitute the same instrument.

14. Agreement.
14.1 This Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the parties as to the subject matter of this Agreement. Sending the acceptance of this Agreement to Prima equals the Clients signature to this Agreement. This Agreement may be changed only by a written agreement signed by both parties.