Terms and Conditions.
- Terms and Conditions for domain name registrations
- General Terms and Conditions
- Abuse Policy
- Acceptable Use Policy
- SSL Terms
- Nominet's Terms and Conditions as appropriate for Domain Name Registration which you can see in detail by clicking on this link
- 'B2B Internet Solutions Limited Registration Agreement' as detailed below
In this registration agreement ('Agreement'), the terms 'Registrant', 'you' and 'your' refer to the Registrant of each domain name registration, and the terms 'we', 'us' and 'our' refer to B2B Internet Solutions Limited. The term 'Services' refers to the domain name registration services provided by us. Any reference to a 'Registry' shall refer to the registry administrator of the applicable domain. For the avoidance of all doubt, this includes, but is not limited to, Nominet, Verisign, Red.es and EUrid.
This Agreement is a contract that sets out the rights and responsibilities of us and all Registrants of domain names through our Services. This Registration Agreement incorporates other agreements between B2B Internet Solutions and you, such as the acceptable use policy and dispute resolution procedures, as set out on the B2B Internet Solutions website.
1. SELECTION OF A DOMAIN NAME
1.1 You acknowledge and agree that should an inquiry indicate that the desired domain name is available at the time of your application, we cannot guarantee that you will obtain the desired domain name on registration.
1.2 You represent that, to the best of your knowledge and belief the domain name being registered shall not, at any time, be used for any unlawful purpose, and that neither the registration of the domain name nor the manner in which it is directly or indirectly to be used, infringes upon the legal rights of a third party. You hereby acknowledge that we are not responsible for determining whether your use of our Services infringes upon the legal rights of others.
1.3 Registration or reservation of your desired domain name does not prevent objection to the registration, reservation or use of said domain name.
2.1 You agree to pay us the applicable fees set out on the pricing page, order confirmation, or as otherwise communicated to you as consideration for the Services prior to the effectiveness of a desired domain name registration or any renewal thereafter ('Fees').
2.2 All Fees payable under this Agreement are not refundable, even in the event your domain name registration is cancelled, suspended, or transferred before the end of the registered term.
3. ACCOUNT & WHOIS INFORMATION
3.1 You must create an account with us in order to make use of the Services ('Account').
3.2 In addition to the Fees for the Services as stipulated in Clause 2 of this Agreement, you hereby agree to the following:
3.2.1 to provide up-to-date, accurate information about you as required by the registration process ('Account Details'), and
3.2.2 to ensure that all Account Details provided are maintained and updated as necessary or to our request in order to keep it accurate and complete. Not providing requested information may prevent you from obtaining all Services.
3.3 You hereby confirm that all Account Details provided by you to us are true. Failure to do so for any reason will amount to a material breach of this agreement and we reserve the right to terminate your Services immediately upon such breach without notice and without any refund to you.
3.4 The nature of information you are required to provide may change and you must provide such information once requested.
3.5 You are responsible for regularly monitoring correspondence sent to the email address you provide to us in your Account Details. Any correspondence from us to you will be sent to this address and there may be consequences relating to charges or the loss of your rights to the domain name(s) or Services if you do not monitor such correspondence and respond accordingly.
3.6 You hereby acknowledge that you are obligated to maintain your Account Details for the purpose of providing the registrant, the administrative, billing or technical contact appearing in the WHOIS directory with respect to a domain name, as required or permitted by ICANN or an applicable registry policy.
3.7 During or after the term of the Services relating to your registered domain(s), we will make the information you provide available as necessary at the request of both ICANN, any registry administrator(s), and to other third parties as ICANN and applicable laws may require. You hereby waive any and all claims you may have arising from disclosure of such information.
3.8 You acknowledge that ICANN may establish or modify the limits and/or requirements relating to the information that we may or must make available, and such information we provide may change. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/.
Access to your Account
3.9 You are responsible for the maintenance and confidentiality of all passwords and login IDs in addition to all access and use of your Account by you or any other third party.
3.10 Any person who is in possession of your login details will be deemed to have your authorisation to modify your Account Details and conduct any activity through your Account that is permitted, including, but not limited to, any of the following which may affect or terminate your rights and access to your Services; transferring your domain name(s) to other individuals or registrars, amending the content associated with your domain name(s).
3.11 We will take reasonable precautions to protect the information you provide from unauthorised access or disclosure, misuse, alteration, destruction or loss. Said reasonable precautions will include procedures for the release of Account access information to parties claiming to have an interest in your Account, including yourself.
3.12 IN NO EVENT SHALL WE BE LIABLE FOR ANY UNAUTHORISED USE OR MISUSE OF YOUR ACCOUNT DETAILS OR PASSWORD. IN THE EVENT OF ANY FAILURE BY US TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED TO THAT SET OUT IN CLAUSE 12 BELOW.
3.13 To amend any of your Account Details or domain name WHOIS information, you must do so by accessing your Account with us through your control panel.
4.1 Domain Registration:
4.1.1 We are accredited registrars with ICANN for generic Top Level Domain Names and a range of country code Top Level Domains. ICANN oversees the registration of generic Top Level Domain Names
4.1.2 Domain name registrations only become effective when the registry administrator puts them into effect. Domain name registrations are for limited terms which end on the expiration date.
4.1.3 We are neither responsible nor liable in any way for actions by the registry administrator arising out of or related to any request in relation to a domain name registration, including any errors or omissions.
4.1.4 You acknowledge that domain name registration is a service and your use of such service does not create a property interest and you have no such property interest in any domain name(s) which you may register with us.
procedure which is either currently in effect or that which may come into effect at a later date by any Registry procedures approved by an ICANN-adopted policy or any policy adopted by governing body, or as a result of any legal obligations.
5.1 The term for newly created and registered domain names begins on the date the domain name registration is acknowledged by the applicable registry.
5.2 The term for existing domain name registrations (transferred or otherwise) begins on the date the previous registrant's domain name registration was acknowledged by the applicable registry.
5.3 This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof.
5.4 We will provide the Services for the period on the order confirmation from the date stipulated in either clause 5.2 or 5.3 above (such period being termed the "Initial Period") and shall be automatically renewed, subject to cancellation or termination under the provisions of this Agreement.
6. SUSPENSION & TERMINATION
6.1 Termination may occur under the following circumstances:
6.1.1 you may serve 30 days' written notice on us following completion of our prescribed template procedures for terminating the whole or any part of the Agreement (details of which can be obtained from B2B Internet Solutions?s Customer Services Team); or
6.1.2 we may serve 30 days' written notice on you to expire at any time.
6.2 We may immediately terminate the Agreement (or at its option, any part of it) by notice in writing to you if you fail to pay to us any sum due under the Agreement on the due date for payment.
6.3 Either party may terminate the Agreement (or, at its option, any part of it) forthwith by notice in writing to the other if the other party:
6.3.1 is in material breach of the Agreement and fails (where the breach is capable of remedy) to remedy the breach within 30 days of the receipt of a request in writing to remedy the breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement;
6.3.2 becomes the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986;
6.3.3 is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
6.3.4 has a receiver, manager, administrator or administrative receiver appointed over all or any parts of its undertaking, assets or income, has passed a resolution for its winding-up, or has a petition presented to any court for its winding-up or for an administration order; or
6.3.5 has ceased or threatened to cease to trade.
6.4 If you have purchased the Service as a Consumer, you have the right to cancel the Agreement within 7 days at no additional cost from either;
6.4.1 the date the contract is formed; or
6.4.2 the date that you receive confirmation that the contract is formed from us or whichever is the later.
6.5 You can exercise this right to cancel by contacting us through our support site.
6.6 You will no longer have the right detailed in clause 6.4 when we have commenced the Service with your consent. For the purposes of this clause your consent will be deemed to be given upon you pressing the 'Order' button on registration.
6.7 If you do not wish to waive these rights, then we will be unable to commence the Service until the end of the 7 day cooling off period.
6.8 Should your domain be transferred to another registrar (i.e. another provider of the Services), the terms and conditions of this Agreement shall cease to apply.
6.9 If the Services are terminated or suspended we reserve the right to the make ourselves or a third party the beneficiary of the same Services previously received by you.
6.10 If we have grounds to terminate or suspend your Services with respect to one particular Service provided through your Account, we may terminate or suspend all Services provided through your Account. No fee refund will be made when there is a suspension or termination of Services for a material breach of this Agreement.
7. RENEWAL OF SERVICES
7.1 We may notify you via an email message or via your Account when renewal fees are due, but you acknowledge that this is not a binding commitment on our part. Should these fees go unpaid, you will become liable for such fees for the Services, which we reserve the right to cancel or suspend as per the provisions of this Agreement.
7.2 If the Services are to be automatically renewed, we may attempt to renew the Services a reasonable time before expiration, provided your credit or debit card or other billing information is available and up to date.
7.3 We may contact you to update your billing information in the event that an attempted transaction is not processed successfully.
7.4 It is your responsibility to;
7.4.1 keep your own records;
7.4.2 maintain your own reminders regarding when your Services are set to expire;
7.4.3 maintain accurate and up to date billing information for the automatic renewal of any services.
7.5 Domain names will be automatically renewed unless we have explicitly heard from you that the domain is no longer required.
7.6 In the event that you are in payment arrears we will attempt to contact you at least 30 days prior to the expiry date of your domain using the latest contact and billing details that you have provided to us. Should we be unable to contact you and you remain in arrears we may let your domain expire or re-direct the DNS records to a holding page.
8. EXPIRY OF DOMAIN NAME REGISTRATION
8.1 Immediately after the expiration of the Service but before deletion of the domain name in the database of the applicable registry, we may;
8.1.1 re-direct the domain name IP address (or addresses) and name servers designated by us as we see fit; or
8.1.2 leave your WHOIS contact information for the expired domain name intact; or
8.1.3 amend your WHOIS contact information for the expired domain name, so you are no longer listed as the registrant of the domain name (NOT for .uk domain names).
8.2 For generic Top Level Domain Names, a period of approximately 35 days after the expiration of the registration term of a domain name is available to provide a procedure to renew expired domain names. We are not obligated to offer this service and may offer a fee for the same at our sole discretion.
8.3 All risk remains with you should you allow the original term of domain name registration to expire and subsequently attempt to renew the Service. We shall not be liable for any loss arising out of such action not to offer or provide reactivation.
8.4 Expired domain name services may be available to third parties and expired domain name registration services may be re-registered to any party at any time.
8.5 After the period set out in clause 8.2, we may:
8.5.1 Discontinue your domain name registration services at any time thereafter without notice. We are not obliged to notify you that your Services are being discontinued; or
8.5.2 Pay the relevant Registry's registration fee in order for the continuation of registration services. In which case, we may we may;
126.96.36.199 re-direct the domain name IP address (or addresses) and name servers designated by us as we see fit; or
188.8.131.52 leave your WHOIS contact information for the expired domain name intact; or
184.108.40.206 amend your WHOIS contact information for the expired domain name, so you are no longer listed as the registrant of the domain name.
You will not be entitled any proceeds or profit that may result following any action we take in respect of the domain name. We are not obliged to contact you to notify you that your Services are being continued.
8.6 Any transfer of any domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the Uniform Domain Name Dispute Resolution Policy (UDRP).
8.7 YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IRRESPECTIVE OF WHETHER THE TRANSFER IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
8.8 Unless otherwise agreed prior to you becoming our customer or on renewal of your domain name services with us, we will not charge you to transfer your domain to another registrar, or to another body or person.
8.9 Unless otherwise agreed prior to you becoming our customer or on renewal of your domain name services with us, we will not charge any additional fees should you wish to terminate the domain name services.
9. MODIFICATIONS TO THIS AGREEMENT
9.1 You acknowledge that we may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances.
9.2 Your continued use of the domain name registered and the Services will be deemed to constitute your acceptance of this Agreement with any revisions.
9.3 If you do not agree to any amendments, you may request that your domain name registration be cancelled or transferred to another registrar in line with the terms of the Agreement and you acknowledge and accept that such cancellation or request for transfer will be the only remedy in this respect.
10. DOMAIN NAME DISPUTES
10.1 You hereby acknowledge that you will be bound by all ICANN policies and any other policies of the relevant Registry. This includes, but is not limited to, the UDRP, available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm.
10.2 The UDRP may be changed by ICANN (or ICANN's successor) at any time. If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP in effect at the time your domain name registration is disputed by the third party.
10.3 Should a domain name dispute arise with any third party whatsoever, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. If you or your domain name are the subject of litigation, we may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate.
11.1 If you license or have the intention of licensing the use of a domain name to a third party you shall remain the domain name holder on record and remain responsible for providing your own full contact information and for providing and updating the information required under clause 3 of this Agreement.
11.2 You confirm that you will obtain from any such third party their agreement to the terms of this Agreement
12. LIMITATION OF LIABILITY
12.1 The provisions of this clause set out the entire liability of B2B Internet Solutions (including any liability for the acts or omissions of its consultants, employees, agents and authorised representatives) to you in respect of:
12.1.1 any breach of the Agreement; and
12.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.
12.2 Nothing in the Agreement excludes or limits the liability of B2B Internet Solutions for death or personal injury caused by the negligence of B2B Internet Solutions, fraud or a breach of section 12 of the Sale of Goods Act 1979.
12.3 Subject to clauses 12.2 the total liability of B2B Internet Solutions in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Agreement is limited to:
12.3.1 £500 per breach for loss of or damage to tangible property; and
12.3.2 for any other kind of loss, one and a quarter times the amount of sums paid by you to us pursuant to the Agreement (excluding VAT and expenses) during the preceding 12 month period.
12.4 B2B Internet Solutions will not be liable to you in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of contract loss of revenue, depletion of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of B2B Internet Solutions or its employees, agents or authorised representatives, which arises out of or in connection with the Agreement.
12.5 You acknowledge that the allocation of risk in the Agreement reflects the price paid for the Services and that it is not within the control of B2B Internet Solutions how or for what purposes they are used.
12.6 Where you access our services from locations outside the UK, you does so on your own initiative and you are responsible for compliance with all and any applicable local laws.
13.1 You will fully indemnify and keep us and any associated Registries and their employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by it and arising from or relating to any of the following:
13.1.1 your breach of the Agreement, negligence or other default;
13.1.2 registration, use or misuse of the domain name registered in your name, whether used by you or a third party;
13.1.3 your use or misuse of any other Service associated with this Agreement.
13.2 You also agree to indemnify us further to the terms and conditions contained in any applicable Dispute Policy. Should we be threatened with any third party claim, we reserve the right to the following;
13.2.1 seek written assurances from you in respect of your indemnification obligation to us; or
13.2.2 suspend or cancel your Services upon your failure to provide such assurances when requested.
13.3 This indemnification obligation will survive the termination or expiration of this Agreement.
13.4 This indemnification is made in addition to any indemnification set out elsewhere in this Agreement or as required under the UDRP, any other ICANN policy or any policy of any relevant registry.
14. FORCE MAJEURE
14.1 Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of B2B Internet Solutions or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
15. GOVERNING LAW
15.1 Except as otherwise set forth in the UDRP or any similar policy, with respect to any dispute over a domain name registration, the construction, performance and validity of the Agreement will be governed by English law and the English courts have jurisdiction to settle any disputes which may arise out of or in connection with it.
1.1 The purpose of this policy is to explain how B2B Internet Solutions collects, protects, and uses personal data. B2B Internet Solutions is committed to ensuring that any personal data supplied by its customers or is otherwise generated by its business activities is collected and processed fairly and lawfully.
2.1 B2B Internet Solutions needs certain personal data to enable it to provide its products and services to its customers and end users. The personal data collected will generally include: company name, company size and sector, individual contact names and job titles for delivery, installation, support and billing, postal address, telephone and fax numbers, e-mail addresses. B2B Internet Solutions also has access to personal data that is generated over the Network utilised by B2B Internet Solutions services including IP and email addresses for incoming and outgoing data and network usage data. In certain circumstances B2B Internet Solutions may also collect financial information about B2B Internet Solutions customers and end users from third parties to enable B2B Internet Solutions to assess its risks in granting credit terms and contact information about organisations B2B Internet Solutions considers may be interested in B2B Internet Solutions products and services.
3.1 B2B Internet Solutions obtains personal data in a number of ways including from orders placed by customers and end users (whether by telephone, fax or email or by application form); from enquiries made by existing customers and potential customers, (including information gathered at marketing events and via the B2B Internet Solutions website); from third party list brokers; from resellers who pass on personal data to B2B Internet Solutions about end users; and directly from the Network utilised by B2B Internet Solutions services.
4.1.1 Most of B2B Internet Solutions' use of personal data is necessary to enable it to provide a service to its customers and its end users, including order processing, delivery, installation and support services as well as for invoicing and in order to answer general customer enquiries. In addition, B2B Internet Solutions may also use personal data to improve on the level and type of service B2B Internet Solutions offers to its customers. As part of this interest in improving the service provided B2B Internet Solutions may process personal data for the purposes of sales analysis and customer usage statistics.
4.2.1 B2B Internet Solutions may from time to time inform its customers, end users and potential customers about B2B Internet Solutions and B2B Internet Solutions affiliate products and services and other information B2B Internet Solutions feels may be of interest.
4.2.2 Customers and other recipients of information from B2B Internet Solutions may indicate at the time they first place an order with B2B Internet Solutions whether or not they wish to receive such information or at any later time by simply contacting B2B Internet Solutions as indicated in paragraph 9 below.
5.1 As B2B Internet Solutions is part of a global organisation with local operating companies in a number of countries worldwide, to fulfil its customer service obligations it is necessary for B2B Internet Solutions to transfer and process personal data outside the country in which the personal data is collected. This will include transfers to B2B Internet Solutions affiliates based in the United States. Prior to making any such transfer B2B Internet Solutions will put in place security procedures and firewalls designed to prevent unauthorised use of or access to personal data.
6.2 As a general rule, B2B Internet Solutions does not disclose personal data to unaffiliated third parties except where customer consent has been obtained, where B2B Internet Solutions is under an obligation by law to disclose personal data or where B2B Internet Solutions has contracted with third parties to assist in providing services to B2B Internet Solutions customers such as for delivery, installation and systems support services.
7.1 B2B Internet Solutions takes customer confidentiality and security very seriously. B2B Internet Solutions has implemented appropriate internal security procedures that restrict access to and disclosure of personal data within B2B Internet Solutions. These procedures will be reviewed from time to time to determine whether they are being complied with and are effective.
7.2 B2B Internet Solutions will also actively investigate and cooperate with law enforcement agencies any allegations of abuse or violation of system or network security as set out in the applicable B2B Internet Solutions Acceptable Use Policy.
The law in certain jurisdictions (including countries within the European Economic Area) gives individuals whose personal data is held by B2B Internet Solutions specific rights to access and rectify personal data held about them. These include the right to:
8.1 obtain from B2B Internet Solutions, for a prescribed fee, confirmation that personal data is held, as well as a written description of such personal data, the purpose(s) for which it is being used, the source(s) of the personal data and details of any recipients;
If any individual wishes to contact B2B Internet Solutions regarding the personal data held about them or has any other question about B2B Internet Solutions' data privacy procedures, they should direct an email to legal@B2BInternetSolutions.co.uk or send a letter to the direction of "B2B Internet Solutions Customer Services Department" to the address on the 'CONTACT' page of this web site.
10. Policy Updates. As part of B2B Internet Solutions' commitment to compliance with data privacy requirements, and to reflect changes in B2B Internet Solutions' operating procedures, B2B Internet Solutions may update the terms of this policy from time to time and will post the revised policy here.
Here at B2B Internet Solutions we like to run a clean network and in the unlikely event that you receive abuse from our network or systems we want to know as soon as possible. The scope of this policy covers the following types of Abuse on the internet:
B2B Internet Solutions are actively working to minimise the amount of Abuse that is generated on our servers however should you come across any such site or receive a high number of spam emails generated from our servers then please email us at abuse@B2BInternetSolutions.co.uk
When reporting abuse please be sure to include as much information as possible regarding the type of abuse and also provide logs (if applicable), URL's for site abuse and email headers for spamming.
Once we have received the notification we will thoroughly investigate the issue, contact our customer and work together to resolve this as quickly as possible.
1) Reporting port scanning, attempted hacking and firewall activity
Where your report is based upon information obtained from a firewall, please ensure that you send the relevant unedited firewall log (or excerpt). Please ensure that the log includes the time, date and time zone.
If you see any other misuse on your own servers originating from a B2B Internet Solutions IP Address, then please send us the following information:
Your URL, your web server log, shows the IP Address, Time, Date and Time zone of the IP Address logging into your server and any details of the misuse that has taken place.
2) Reporting email / newsgroup misuse (including spam)
We require the full header and content of the Email. The header enables us to trace the journey that an Email has made from the computer it originated from to the computer it was downloaded to. Please see below for instructions on retrieving full mail headers within Microsoft Outlook. If you use another mail client, Please check your providers support documentation for this information.
To retrieve headers in Outlook (with the email not opened in your inbox):
- 1. Right click on a message and choose "Options"
- 2. From pop-up box, copy all from "Internet Headers" window
- 3. Close pop-up box
- 4. Right click on the message again and choose "Forward"
- 5. Paste headers into the top of the pop-up email forward window
- 6. Send to abuse@B2BInternetSolutions.co.uk
To retrieve email headers from Outlook Express for Windows:
- 1. With the mail unopened in your inbox
- 2. Right click on the mail
- 3. Choose properties
- 4. Click on the 'details' tab at the top of the 'pop-up' box
- 5. Press "message source"
- 6. Copy the contents of the new window and paste it into your email to abuse@B2BInternetSolutions.co.uk
To retrieve email headers from Outlook Express for Macintosh:
- 1. With the mail unopened in your inbox
- 2. Click View
- 3. Click Source
- 4. To select all use: command + a
- 5. To copy use: command + c
- 6. To paste the header use: command + v
- 7. Paste the contents into a new email addressed to abuse@B2BInternetSolutions.co.uk
3) Reporting virus activity
If you have received or been infected by a virus, worm or Trojan please note that B2B Internet Solutions are unable to offer any support in their removal. We recommend that you install Anti-Virus software and ensure that it is updated regularly. Please include the following information in your complaint.
Header of the email (if one is available)
content of the email.
The email attachment that was sent to you (if any). The attachment may need to be placed in an archived file (.zip, .rar etc) for our email software to receive it. If you cannot attach the virus, then please send the email and header only.
4) Reporting web space abuse
If you become aware of any web space hosted by B2B Internet Solutions that you feel is in contravention of our Terms and Conditions or Acceptable Use Policy, then please email us with the details.
Please send the following information:
The URL (such as www.B2BInternetSolutions.co.uk), the time and date that you noticed the infringement, any details regarding how you came to view the material and a precise description of why you believe the domain to be in breach.
B2B Internet Solutions reports any illegal activity that requires reporting and provided that activity emanated from our servers, to the Police or any other relevant Authority. B2B Internet Solutions also works with all appropriate independent bodies to ensure that any images of child abuse are removed from our servers and reported as soon as we are made aware, in line with current industry practices.
Please note: by signing up for any of our services you agree to be bound by all B2B Internet Solutions terms and conditions.
B2B Internet Solutions has created this Acceptable Use Policy (AUP) for hosting customers to protect our resources, and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that B2B Internet Solutions comply with all relevant UK laws. This AUP must be read in conjunction with our Terms and Conditions.
This AUP may be revised, without notice, at any time, at the sole discretion of B2B Internet Solutions. Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP.
In the event of a breach of this policy, B2B Internet Solutions reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.
Compliance with UK Law
It is an offence under UK law to transmit, receive or store certain types of files.
Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.
It is also a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trade marks. Customers are reminded that sharing copyright material through the use of peer to peer software may consequently constitute a criminal offence if done without permission of the right owner in question. B2B Internet Solutions will co-operate with any agency or rights holder wishing to assert their rights in these matters and B2B Internet Solutions reserve the right to withdraw service under such circumstances.
The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.
Under the Electronic Commerce (EC Directive) Regulations 2002, B2B Internet Solutions is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts we will take preventative measures to bring those acts to an end.
Compliance with foreign law
The Internet is global in reach. Consequently it is possible for anyone using the internet to break the laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.
Warranties and Disclaimers
Our service warranties and the extent of our liability are explained fully in our Terms and Conditions.
By connecting to the B2B Internet Solutions network, Customers agree to hold B2B Internet Solutions harmless in the event of any legal claim regarding our services.
Customer acknowledges that they have a responsibility to ensure that their connection is not used in an irresponsible manner. B2B Internet Solutions deem irresponsible use of the services to include, but not be limited to, sending unsolicited e-mail ("spamming"), attempting to breach the security of a 3rd party machine, and flooding Usenet by placing a single post in a large number of newsgroups.
In the event that a customer's services are used for any purpose that B2B Internet Solutions deem irresponsible then B2B Internet Solutions reserve the right to suspend service while the usage is investigated in consultation with the customer. Should investigation determine that the service has been used irresponsibly, B2B Internet Solutions reserve the right to terminate the customer's account with immediate effect. Wherever possible the customer will be notified in advance of any termination.
Security and privacy
Login names and passwords must be kept secret and not be communicated to any third party. B2B Internet Solutions must be notified immediately if they are compromised. If a customer forgets or loses their password, they will need to contact support to have it changed.
Customers are responsible for all traffic that is sent from their server. It is therefore the customer's responsibility to ensure that all software is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers and proxy servers, must not be remotely exploitable.
If B2B Internet Solutions find malicious traffic emanating from a customer's server, B2B Internet Solutions have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. B2B Internet Solutions understand that in many cases a customer may not be responsible for or aware of the problem, and therefore B2B Internet Solutions will work with the customer to resolve the issue as efficiently as possible to restore normal service.
Customers may not use B2B Internet Solutions services to send unsolicited commercial e-mail (UCE, also known as 'Spam'). B2B Internet Solutions will block the mail services of any customer found to be sending such mail.
Customers may not have "open mail relays". B2B Internet Solutions will close the relay or connection of any customer found with an open mail relay.
Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available.
B2B Internet Solutions reserve the right to remove any mail older than 60 days from shared mail servers. It is the customer's responsibility to ensure that mail is regularly collected and removed from B2B Internet Solutions's POP3 server. B2B Internet Solutions strongly advise against the use of the POP3 option to keep mail on the server. If a POP3 mailbox contains an excessive amount of mail, B2B Internet Solutions reserve the right to remove older mails from the mailbox to reduce its size.
If Clients have not logged into any mailbox provided by B2B Internet Solutions within a 6 month period this may result in the deletion of the mailbox.
By uploading to the services, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.
The Customer will be responsible for the content of their website, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. B2B Internet Solutions reserve the right, without notice or explanation, to remove material which does not comply with this AUP or our Terms and Conditions, such as material of an adult nature or pirated software.
B2B Internet Solutions reserve the right to suspend any or all of the service at any time, without prior notice, explanation, or recompense.
Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their website. B2B Internet Solutions reserves the right to suspend any sites containing such material. Customers must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.
You may not use our services in any way that would disrupt, impair, or interfere with our servers or with other customers' use and enjoyment of our services. This includes, but is not limited to, employing applications such as Shoutcast and Minecraft utilities that consume excessive CPU time, memory or storage space. Any file you store on the Server will be reachable via a hyperlink from a page. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications that maintain a constant FTP connection uploading an image at regular intervals is forbidden.
Should your use of our services result in an overly high load on our servers in our sole discretion, we may suspend your account until the cause of any such overload is determined and resolved, or we may terminate your account if we believe that the situation cannot be satisfactorily resolved. Abuse of an "unlimited" service (e.g. bandwidth or hosting) to the extent that it detrimentally affects other customers' services will be treated in the same manner, such abuse to be assessed and decided upon at B2B Internet Solutions's sole discretion. We ask customers who intend to use high volumes of data to first discuss their requirements with our Sales Team.
Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on the customer's behalf. B2B Internet Solutions must be notified immediately if they are compromised. If someone were to gain access to a customer's account password, they could tamper with files held on the customer's website.
The customer has sole responsibility for ensuring that any data is suitably backed-up. B2B Internet Solutions will not keep backups of customers' websites. B2B Internet Solutions will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.
If the account is suspended for any reason, such as non-payment, access to the customer's website, both for viewing and uploading, may also be suspended.
On closing an account, the relevant data on this Web space will be deleted.
The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
Our acceptable use policy ("AUP") is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.
In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material.
Certain types of content are not permitted on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.
The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.
Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time, memory or storage space; any file you store on the Server will be reachable via a hyperlink from a page. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.
Hosting (Dedicated or Virtual Private Server)
By uploading to a B2B Internet Solutions dedicated server or Virtual Private Server, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.
The customer will be responsible for the content on their server, including obtaining the legal permission for any works they include and ensuring that the content on the server does not violate UK law. B2B Internet Solutions reserve the right, without notice or explanation, to remove from the network a server which does not comply with this AUP or our Terms and Conditions, such as one storing material of an adult nature or pirated software.
B2B Internet Solutions reserve the right to remove a server from the network, if it is deemed to be causing excessive load or traffic, is adversely affecting the performance of other servers on the network, or is being abused by an external entity. It is the customer's responsibility to ensure that their scripts are not vulnerable to these problems.
The customer agrees not to advertise their Website via unsolicited commercial e-mail. B2B Internet Solutions reserve the right to suspend a site which has been 'spamvertised' at any time.
B2B Internet Solutions do not impose quotas for data transfer on dedicated or virtual private servers. However if a customer is using an excessively high volume of bandwidth for data transfer B2B Internet Solutions reserve the right to revert to its terms and conditions and impose a charge for high usage. We ask customers who intend to use high volumes of bandwidth for data transfer to first discuss their requirements with our Sales Team.
Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their dedicated or virtual private server. B2B Internet Solutions reserve the right to remove from the network any server containing such material. Customers must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.
Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on the customer's behalf. B2B Internet Solutions must be notified immediately if they are compromised. If someone were to gain access to a customer's account password, they could tamper with files held on the customer's server.
The customer is ultimately responsible for ensuring that their site is suitably backed-up.
If the account is suspended for any reason, such as non-payment, access to the server may be suspended.
On closing an account, the data on the dedicated or virtual private server will be deleted.
B2B Internet Solutions's Firewall service is capable of being attached to an individual server however, Clients are able to create rules for as many Internet Protocol addresses (IP's) that they have within that individual server.
Clients are responsible for the rules attached for their Firewalls. The editing of the templates provided by B2B Internet Solutions is the responsibility of the Client.
Clients are advised that hardware Firewalls will block access to ports on an individual server however, it will not protect against viruses running on services active on the individual server. For the avoidance of all doubt the relevant Firewall provided by B2B Internet Solutions is a security barrier it does not protect against viruses and or spyware.
Virtual Private Networks (VPNs) are not supported on this B2B Internet Solutions Firewall platform.
The disabling of the Firewall or rectification of any non working rules that Clients attach to the Firewall is the responsibility of the Client. The repair of any other services and or application of a Client following a Client made change to the Firewall are the responsibility of the Client.
Attempted security breaches
Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic.
It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation.
Attempts to circumvent copy protection technology and encryption are also likely to be illegal under the Copyright Designs and Patents Act 1988 (as amended).
Customers may not mount an attack, by whatever means, against our system, or any other systems. Customers may not run unauthorised mailing lists from or through any of our machines or mail servers.
Any IP addresses assigned to customers are owned by B2B Internet Solutions.
When using a quota-based service, it is the customer's responsibility to remain within their usage quota. In regards to bandwidth any use over or above your stipulated level will result in a charge of £0.005 per every Mega Byte (MB) you exceed. B2B Internet Solutions reserve the right to delete files for over-quota users if disk space is affecting the normal running of the server.
Using the Services for any activity which adversely affects the ability of other people or systems to use B2B Internet Solutions 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, network services or network equipment is prohibited. It is the Customers 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.
B2B Internet Solutions (hereinafter referred to as "B2B Internet Solutions"), a provider of internet related services including dedicated and shared server, website hosting and domain name services. These Conditions set out the terms under which B2B Internet Solutions will provide Services to the Client (as such terms are defined below). These Conditions should be read in conjunction with the acceptable use policy which can be viewed at : http://www.b2binternetsolutions.co.uk/Terms#acceptable. These Conditions will be supplemented from time to time by order confirmation forms setting out specific details relating to services requested by the Client and, as so supplemented, will apply to the exclusion of any other terms and conditions including any which the Client may attempt to introduce. B2B Internet Solutions reserves the right to change, add, subtract or in way alter these Conditions without the prior consent of the Client.
To the extent that the Client is deemed to be a consumer (as defined by the Unfair Contract Terms Act 1977) then these Conditions will not affect the rights of the Client as a consumer and will apply to the extent that applicable law allows.
By logging into your account or updating files you are deemed to have accepted these terms and conditions and the acceptable user policy.
These Conditions are divided into four parts, however all parts may not apply in every case:
- Part 1 applies in all cases.
- Part 2 applies where B2B Internet Solutions is to provide software and/or equipment in connection with the Services.
- Part 3 applies where the Services include ongoing support and maintenance services.
- Part 4 applies where the Services include domain name registration services.
PART 1 - GENERAL PROVISIONS
In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:
"Agreement" the agreement between B2B Internet Solutions and the Client for the provision of Services formed by these Conditions and the Order Confirmation(s)
"Ancillary Systems" any Software and/or Equipment
"Associated Company" in respect of either party, a subsidiary or holding company of that party or any subsidiary of such holding company and the terms "subsidiary" and "holding company" will have the meanings given to them by sections 736 and 736A Companies Act 1985
"Business Customer"You are a business customer if you are an a commercial entity or an individual (a) registering, using or planning to use the Requested Domain as part of a business trade or profession; (b) purchasing a Domain name during the a ?Sunrise? or ?Landrush? period as defined in the Domain Name Conditions for the Domain Name Registry (c) at your sole discretion, purchasing a Domain Name for financial or Commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name; (d) purchased 10 or more Domains and purport to act as a business customer as defined. "Business Day"a day which is not a Saturday or Sunday or public or bank holiday in England and Wales
"Business Hours" 9am to 5pm on each Business Day
"Client Materials" data, text, images, graphics, videos, logos and other content and material, hardware or equipment provided by the Client in connection with the Agreement for use by B2B Internet Solutions in providing the Services
"Client" as identified on the Order Confirmation(s)
"Client System" the Client's computer system upon which the Software is loaded or otherwise in connection with which the Services are provided
"Conditions" these conditions (in four parts) to be read in conjunction with the Order Confirmation(s)
"Consumer"You are a consumer if You are an individual not: (a) registering, using or planning to use the Requested Domain as part of a business trade or profession; (b) purchasing a Domain Name during a "Sunrise" or "Landrush" period as defined in the Domain Name Conditions for the Domain Name Registry (c) at Your sole discretion, purchasing a Domain Name for financial or commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name. You shall not be treated as a consumer under the contract if You have purchased or are the registered holder of 10 or more Domain Names.
"Defect" any defect in systems having a material effect on the Client's use or operation of the Services or any failure by any Ancillary System to comply with any term of Part 2 of these Conditions
"Domain Services" those domain registration and other related services (if any) provided to the Client by B2B Internet Solutions pursuant to the Agreement, as described on a relevant Order Confirmation"Equipment"any hardware, cabling and/or other equipment provided to the Client by B2B Internet Solutions in connection with the Agreement"Fees"the charges due to B2B Internet Solutions under the Agreement in relation to the Services, as set out on the Order Confirmation(s)"B2B Internet Solutions" trading as B2B Internet Solutions, registered in England (Company No. 4061970), whose registered office is per the CONTACT page on this web site.
"Intellectual Property Rights" any and all patents, trade marks, service marks, copyright, moral rights, rights in design, know-how, confidential information and all or any other intellectual or industrial property rights whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world together with all or any goodwill relating to the same
"Netiquette" generally accepted standards and codes of practice for use of the internet including but not limited to sending bulk unsolicited email, mail bombing or impersonating another person, organisation or website
"Order Confirmation" the order confirmation form(s) submitted by B2B Internet Solutions to the Client by email or otherwise in writing for the provision of the Services, in response to the Client's order or request
"Services" those development, implementation, consultancy, hosting and other services (if any) provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation, together with any Support Services and Domain Services
"SLA" the level of performance to be provided by B2B Internet Solutions to the Client in respect of the Services, as set out on the Order Confirmation(s)
"Software" any communications or other software provided to or made available to the Client by B2B Internet Solutions in connection with the Agreement, but excluding Third Party Software
"Support Services" those support and maintenance services provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation
"Support Hours" the hours during which B2B Internet Solutions will provide the Support Services, as set out on a relevant Order Confirmation"Third Party Software"any software identified as third party software (if any) to be provided to the Client pursuant to the Agreement, as set out in a relevant Order Confirmation
"Use the Software" to load the Software onto and store and run it on the Client System and/or Equipment in accordance with the terms of the Agreement
2.1 The headings used in the Agreement are inserted for convenience only and are not intended to be part of nor to affect the meaning or interpretation of any of the Agreement.
2.2 In the Agreement the masculine includes the feminine and the neuter, and the singular includes the plural and vice versa as the context shall admit or require.
2.3 The expression "person" means any individual, firm, body corporate, unincorporated association, partnership, government, state or agency of a state or joint venture.
2.4 In the event of a conflict between any of these Conditions and any Order Confirmation, the conflict will be resolved according to the following order of priority: these Conditions then the Order Confirmation.
2.5 The words "include", "includes", "including" and "included" will be construed without limitation unless inconsistent with the context.
2.6 The Agreement (as varied in accordance with its terms) forms the entire understanding of the parties in respect of the matters dealt within it and supersedes all previous agreements, understandings and negotiations between the parties.
2.7 The parties do not intend that any of the terms of the Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not party to it.
2.8 References in these Conditions to clauses means clauses of these Conditions. References in these Conditions to the provisions of statutes or statutory instruments are deemed to include those provisions as amended or substituted
3 Service Provision
3.1 The Services are described or referred to on the Order Confirmation(s). B2B Internet Solutions agrees to supply the Services to the Client on the following conditions, these conditions are not an offer to provide service but a statement of the terms on which we will provide them.
3.2 B2B Internet Solutions will use its reasonable endeavours to provide the Services in accordance with any timescale set out on the Order Confirmation(s), but will not be liable to the Client where, based on those reasonable endeavours, it fails to meet any timescale.
3.3 B2B Internet Solutions will not be liable for any failure to provide the Services resulting from any breach by the Client or its employees, agents or subcontractors of the Agreement.
3.4 B2B Internet Solutions will not be obliged to provide any services not referred to on the Order Confirmation(s). Furthermore, B2B Internet Solutions cannot provide the Services where the Client makes use of incompatible communication systems.
3.5 The terms of the Agreement form the entire agreement between B2B Internet Solutions and the Client in relation to the Services and all other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. The Client may not rely upon any representation made or given by any employee of B2B Internet Solutions prior to the Agreement being entered into unless confirmed in the Agreement.
3.6 B2B Internet Solutions reserves the right at any time and from time to time improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Equipment. B2B Internet Solutions will endeavour to give the Client reasonable notice of any such modification, where this is reasonably practicable.
3.7 B2B Internet Solutions will, upon arrangement and provided that no Fees are due and payable, allow the Client reasonable access to any co-located server hosted by B2B Internet Solutions as part of the Services during Business Hours. Access will only be granted to the Client if B2B Internet Solutions is given at least 3 Business Days' notice in writing that access is required and acceptance of that request has been confirmed in writing to the Client by B2B Internet Solutions. Suspension
3.8 Without prejudice to its other rights and remedies, B2B Internet Solutions may at its sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events: 3.8.1 notified or unscheduled upgrade or maintenance of B2B Internet Solutions's IT systems;
3.8.2 issue by any competent authority of an order which is binding on B2B Internet Solutions which affects the Services;
3.8.3 if the Client fails to pay any Fees or any other sums owing to B2B Internet Solutions by the Client when they fall due;
3.8.4 if an event occurs and B2B Internet Solutions deem it to be appropriate to terminate the Agreement;
3.8.5 if the bandwidth or computer memory used by the Client in relation to the Services exceeds any agreed or stipulated level and B2B Internet Solutions determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by B2B Internet Solutions from time to time;
3.8.6 if the size of an email, mailing list or cron job used by the Client exceeds any agreed or stipulated size, level or frequency and B2B Internet Solutions determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by B2B Internet Solutions from time to time; or
3.8.7 failure or deficiencies in the Client System referring but not limited to hardware, server corruption and security breaches.
3.8.8 failure by the Client to adhere to any of the provisions outlined in B2B Internet Solutions's acceptable usage policy. Where B2B Internet Solutions suspends provision of the Services in accordance with clause 3.8.3, it will only be obliged to recommence provision during Business Hours and once the Client has paid all relevant outstanding sums in clear funds together with any relevant reinstatement fee (as published from time to time by B2B Internet Solutions) and has accepted any revised payment terms requested by B2B Internet Solutions (such as payment by direct debit).
3.9 The Client will provide to B2B Internet Solutions those Client Materials identified on the Order Confirmation(s) within a reasonable time period taking account of the obligations of B2B Internet Solutions under the Agreement.
3.10 The Client warrants that the Client Materials will be accurate in all material respects and will not knowingly include material which is illegal, the accessing holding transmitting or supplying of which would be a criminal offence or which is otherwise unlawful or in breach of any applicable law or code of practice applying to such materials. In particular, the Client warrants that all necessary licences, consents and waivers (including those from rights owners, performers and other contributors) are obtained and paid for by the Client. Without prejudice to the foregoing, B2B Internet Solutions may decline to use any Client Materials on any reasonable grounds.
3.11 The Client will supply in a timely manner all information, instructions, review and feedback reasonably required by B2B Internet Solutions in connection with the performance of its obligations under the Agreement and will appoint a representative who is fully empowered and authorised to provide the same.
4 Service Delivery
4.1 The Client acknowledges that, given the nature of such services, B2B Internet Solutions cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.
4.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services and any Client Systems and Ancillary Systems are provided by B2B Internet Solutions to the Client on an "as is" and "as available" basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement including as to satisfactory quality and fitness for a particular purpose. In particular, B2B Internet Solutions gives no warranty or representation that: 4.2.1 the Services will meet the Client's requirements;
4.2.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis; or
4.2.3 any results obtained from use of the Services will be accurate, complete or current.
4.3 B2B Internet Solutions warrants that it will provide the Services with reasonable care and skill and in accordance with any SLA. B2B Internet Solutions will not be liable for a breach of such warranty unless the Client notifies B2B Internet Solutions in writing of such failure within 14 days of the Client becoming aware of the failure.
4.4 If the Client makes a valid claim against B2B Internet Solutions based on a failure by B2B Internet Solutions to comply with the warranty set out in clause 4.3 B2B Internet Solutions may, at its option, take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to such Services, provided that the liability of B2B Internet Solutions under such warranty will in no event exceed one and a quarter times the amount of the Fees paid to B2B Internet Solutions by the Client (excluding VAT and expenses) in the 12 month period prior to the date on which the Client makes the claim. If B2B Internet Solutions complies with this clause, it will have no further liability for a breach of the said warranty.
5 Client's Obligations
5.1 The Client agrees that it shall: 5.1.1 save as provided in any Order Confirmation, be responsible for keeping regular and full back ups of all material and data hosted by B2B Internet Solutions on any web site or other system operated by the Client on a daily basis (or more frequent basis if required by best computing practice) including the Client System and/or Ancillary Systems. For the avoidance of any doubt B2B Internet Solutions will not attempt to restore any lost material or data of the Client's except where such loss occurred as a direct result of aB2B Internet Solutions server crash;
5.1.2. immediately notify B2B Internet Solutions on becoming aware of any unauthorised use of all or any of the Services and/or relevant part of the Client System;
5.1.3 remove or prevent access to any material hosted on any of the Equipment and/or Client System which causes or is likely to cause the Client to be in breach of the Agreement;
5.1.4 ensure that it has all necessary consents, permissions and licences to make use of the Services including registration and appropriate consents and approvals under the Data Protection Act 1998;
5.1.5 ensure that all material or data hosted by B2B Internet Solutions on any web site operated by the Client from time to time or communicated through such site or using the Client System is checked for viruses and other harmful code and has appropriate security patches applied;
5.1.6 independently monitor its bandwidth in relation to the use of Services and report to B2B Internet Solutions any use of bandwidth over and above those agreed or stipulated levels set out in the Order Confirmation,;
5.1.7 be entirely liable for all activities conducted and charges incurred under its passwords and user names whether authorised by it or not and the Client acknowledges that B2B Internet Solutions shall not be liable for any loss of confidentiality or for any damages arising from the Client's inability to comply with these Conditions;
5.1.8 comply with any security policy notified to it from time to time by B2B Internet Solutions and, in particular, ensure that all passwords and user names provided to it by B2B Internet Solutions are at all times kept confidential, used properly and not disclosed to unauthorised people. If the Client has any reason to believe that any password or user name has become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way or of any other breach of security then the Client will inform B2B Internet Solutions immediately;
5.1.9 ensure that all communication details which it provides to B2B Internet Solutions are at all times true, current, accurate and complete. The Client will promptly notify B2B Internet Solutions of any change to such details and acknowledges that B2B Internet Solutions will not be liable for any loss suffered or incurred by the Client as a result of its failure to notify such changes to B2B Internet Solutions. Clients are advised that a failure to at all times have true, accurate and complete communication details may result in the temporary suspension of a Client's account; and
5.1.10 ensure that its systems (including the Client System) meet any minimum system specifications notified to the Client from time to time.
5.1.11 promptly provide to B2B Internet Solutions and/or its consultants, employees and agents such information and assistance as they may reasonably require in order to be able to carry out the Services and, where relevant, deliver and install any Ancillary Systems.
5.1.12 will procure all necessary rights from third parties (including intellectual property licences of computer software and website content including ringtones and music) which are from time to time required in order for B2B Internet Solutions to be able legally to provide the Services to the Client.
5.1.13 obtain and maintain insurance over all parts of the Client System which are located on the premises of B2B Internet Solutions or any of its Associated Companies and to provide evidence that such insurance is in place, upon B2B Internet Solutions's demand;
5.1.14 complete its own checks to ensure that any registration or renewal has been made successfully.
5.2 The Client agrees that it shall not: 5.2.1 use the Services, Ancillary Systems and/or Client System or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (including any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under English law or regulation, the laws or regulations of the Client's country or any other place where the results of such purpose or the material in question can be accessed;
5.2.2 use the Services, Ancillary Systems and/or Client System or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of B2B Internet Solutions may harm B2B Internet Solutions or any of its Associated Companies or clients or bring B2B Internet Solutions into disrepute or which calls into question any action taken by B2B Internet Solutions on the Client's behalf;
5.2.3 use the Services, Ancillary Systems and/or Client System or allow them to be used in breach of good Netiquette practices;
5.2.4 provide any technical or other information obtained from B2B Internet Solutions and/or relating to the Services to any person which the Client is aware or ought reasonably be aware may directly or indirectly lead to a breach of any law or regulation;
5.2.5 in breach of good Netiquette practices, use any service provided by any third party (including an internet web site and/or email) for the publication, linking to, issue or display of any material which refers to an internet web site hosted by B2B Internet Solutions or any other products or services offered by B2B Internet Solutions from time to time without B2B Internet Solutions's prior written consent;
5.2.6 use any part of the B2B Internet Solutions premises except as is reasonably necessary to inspect and maintain any co-located server hosted as part of the Services and the Client shall ensure that such server is kept in good condition and is in its original condition upon the termination of such hosting;
5.2.7 whilst present at any B2B Internet Solutions premises, do anything which may be dangerous or a nuisance or inconvenience or to disturb, threaten or abuse any B2B Internet Solutions personnel or other B2B Internet Solutions clients and the Client shall abide by all health and safety and other policies as B2B Internet Solutions may notify to the Client from time to time in relation to any such premises.
5.3 The Client acknowledges that it has appropriate knowledge of how the internet functions, the systems and products provided to it in connection with the Agreement and what types of use and content are and are not acceptable. The Client acknowledges that B2B Internet Solutions shall have no obligation to: 5.3.1 train the Client on its use of the Services or any Ancillary System;
5.3.2 manipulate any material which the Client wishes to and/or does post on any web site or other system it operates (including any Client System) or any communication which it issues or sends in connection with any Services; or
5.3.3 validate or vet such material for usability, legality, content or correctness.
5.4 The Client also acknowledges that the services and products provided by B2B Internet Solutions are standard packages which are not tailored to specific requirements of the Client, unless confirmed in writing by B2B Internet Solutions to the contrary.
5.5 If, in B2B Internet Solutions's opinion, the Client is in breach of any of the provisions contained in clause 5.2 then B2B Internet Solutions may without prejudice to its other rights and remedies immediately by written notice to the Client: 5.5.1 suspend provision of the Services;
5.5.2 terminate the Agreement; or
5.5.3 amend or remove any Client Materials and/or content appearing on any website or other system hosted by B2B Internet Solutions on behalf of the Client (including any Client System or Ancillary System).
B2B Internet Solutions may also notify appropriate public authorities (governmental or otherwise including the police or other enforcement authority) of any such breach, where it deems necessary.
5.6 Where as part of the Services the Client is entitled (having obtained B2B Internet Solutions's prior written consent) to resell the whole or any part of the Services to a third party then the Client will: 5.6.1 procure such third party's compliance with and acceptance of these Conditions;
5.6.2 be fully responsible for the acts and omissions of any such third party; and
5.6.3 indemnify B2B Internet Solutions for any losses it suffers as a result of such acts or omissions.
5.7 The Client acknowledges and understands that it is required to comply with PCI DSS. The Client is responsible to encrypt sensitive data using appropriate methods. For further details on PCI DSS Compliance and the Client's responsibilities in upholding the standard they need to contact the PCI Security Standards Council.
6 Payment Terms
6.1 The Fees are payable to B2B Internet Solutions subject to the following conditions: 6.1.1 Fees payable monthly, quarterly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates. Clients will automatically be charged again at the end of their prepay period unless the Client has followed the procedure as per clause 12.1.1;
6.1.2 any set up fee will (unless stated to be included within later payments) be payable immediately;
6.1.3 additional Fees will become payable if the Client exceeds agreed or stipulated bandwidth use levels. In the event that the Client exceeds the agreed or stipulated bandwidth levels an additional invoice will be produced and sent to the client which must be paid within thirty (30) days. Additional Fees are charged at the rate of £0.005 per every Mega Byte the Client exceeds over their agreed or stipulated bandwidth level.
6.2 Any total sum for the fees set out in an Order Confirmation is (unless stated in the Order Confirmation to be a fixed and firm amount) an estimate of the fees only and not a fixed price quotation.
6.3 Any sums payable by the Client to B2B Internet Solutions under the Agreement are exclusive of value added tax or any similar taxes, levies or duties, which will be added to such sums and be payable by the Client at the appropriate rate.
6.4 The Client agrees to pay B2B Internet Solutions's invoices within 7 days of invoice due date.
6.5 If invoices are not settled in full by then, the Client will without prejudice to its other rights and remedies (including the right to suspend the Services under clause 3.8.3) be liable to pay interest on any sum outstanding from the due date for payment at the annual rate of 6% above the base lending rate from time to time of Barclays Bank plc accruing on a daily basis until payment is made whether before or after any judgment.
6.6 All Accounts that have any unsettled invoices 20 days after their due date will be suspended. If a further invoice falls due during the suspension of the Client's account then this will be added to outstanding balance owed by the Client.
6.7 All accounts that have any unsettled invoices 20 days after the due date will be passed onto a Debt Recovery Agency, where additional recovery charges and court cost may accrue.
6.8 All sums payable to B2B Internet Solutions under the Agreement must be paid in full with no set off or deduction.
6.9 B2B Internet Solutions has a general and particular lien over the Client System until all claims and money payable by the Client to B2B Internet Solutions on any account whatsoever have been received in full clear funds. If the Client fails to discharge any lien within a reasonable time from the date of notice of exercise then the Client System may be sold in or towards satisfaction of that lien and B2B Internet Solutions will account to the Client for any excess.
6.10 B2B Internet Solutions may make a search in relation to the Client with a credit reference agency (and make other credit enquiries from time to time), keep a record of that search and enquiries, and share that information with third parties. B2B Internet Solutions may also make enquiries about the principle directors/proprietors of the Client with a credit reference agency.
6.11 Where the Client authorises payment of any of the Fees by credit and or debit card (including those associated to a PayPal account) then B2B Internet Solutions may deduct other amounts becoming payable to it under the Agreement from that credit or debit card without obtaining additional authorisation from the Client.
6.12 Without prejudice to any other of its rights and remedies, B2B Internet Solutions will be entitled to remove the Client's data from its systems and any Equipment and/or put the Equipment to any use other than the Client's if any amount due under the Agreement is not paid within 21 days of its due date for payment. B2B Internet Solutions is not required to back up such data or return the same to the Client prior to any such removal or following termination of the Agreement.
6.13 Credit and Vouchers 6.13.1 Credit and/or vouchers may be provided to Customers as an alternative resolution to a matter or for any other reason, at the discretion of B2B Internet Solutions.
6.13.2 Credit and vouchers are non-refundable and may not be exchanged for cash or redeemed against the purchase of another voucher.
6.13.3 B2B Internet Solutions will not accept liability if the credit or voucher has been lost, stolen, destroyed or used without the Customer's consent. B2B Internet Solutions will not replace the credit or voucher or any remaining balance outstanding on the credit or voucher.
6.13.4 Resale, trade, sale or reproduction of a B2B Internet Solutions credit or voucher is prohibited. Any attempt to carry out this act may potentially void the credit or voucher at B2B Internet Solutions's discretion.
6.13.5 If the full amount of the credit or voucher is not redeemed in one transaction, the remaining balance will be credited to the Customer in a further creditor voucher.
6.13.6 B2B Internet Solutions credit or vouchers may be used to purchase goods or services of a higher price than the face value of the credit or voucher upon payment of the difference in value.
6.13.7 B2B Internet Solutions credit or vouchers will remain valid for a period of 12 months only from the date of issue. Any unused credit or voucher will be void upon the expiry of the validity period.
7 Confidential Information
7.1 Each party will (unless contrary to law):
7.1.1 keep confidential all information obtained from the other under or in connection with the Agreement ("Information");
7.1.2 not disclose any Information to any third party without the prior written consent of the other except to such persons and to such extent as may be strictly necessary for the performance of the Agreement;
7.1.3 not use any Information otherwise than for the purposes of the Agreement.
7.2 The provisions of clause 7.1 do not apply to Information which: 7.2.1 is or becomes public knowledge (otherwise than by breach of this clause); or
7.2.2 was in the possession of the party concerned without restriction as to its disclosure before receiving it from the disclosing party; or
7.2.3 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; and nothing in this clause 7 prevents either party from disclosing any Information for a proper purpose to a public authority or any regulatory body, or to a court of law in the United Kingdom or elsewhere in legal proceedings, or to its senior management, its auditors, bankers, lawyers or other professional advisers.
7.3 The provisions of this clause 7 will continue to apply notwithstanding termination of the Agreement.
7.4 The Client, by entering into the Agreement, consents to B2B Internet Solutions sending to the Client by whatever means the Company deems appropriate (whether by email or otherwise) information concerning new products and other services that B2B Internet Solutions and its Associated Companies may from time to time offer.
8 Intellectual Property
8.1 The Client acknowledges and agrees that it will not own or acquire any rights under this Agreement in any Intellectual Property in or relating to the Services or created in performing the Services and that it will have no other rights in or to the Services other than the rights expressly granted by the Agreement. 8.1.1 the provision by B2B Internet Solutions of Services making use of information or specifications supplied by the Client;
8.1.2 the Client's failure to procure all necessary rights from third parties which are from time to time required in order for B2B Internet Solutions to be able legally to provide the Services; or
8.1.3 the use by B2B Internet Solutions in connection with the Agreement of the Client System and the Client Materials.
8.1.4 No Intellectual Property Rights created or acquired by B2B Internet Solutions will transfer or be assigned to the Client unless B2B Internet Solutions and the Client have signed a written assignment document to that effect.
8.1.5 The Client shall keep the Ancillary Systems in good condition during the continuance of the Agreement and free of all charges, liens and encumbrances and protect it from any and all judicial process.
9.1 The provisions of this clause 9 and the provisions of clauses 4 and 24 set out the entire liability of B2B Internet Solutions (including any liability for the acts or omissions of its consultants, employees, agents and authorised representatives) to the Client in respect of: 9.1.1 any breach of the Agreement; and
9.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.
9.2 Nothing in the Agreement excludes or limits the liability of B2B Internet Solutions for death or personal injury caused by the negligence of B2B Internet Solutions, fraud or a breach of section 12 of the Sale of Goods Act 1979.
9.3 Subject to clauses 9.2 the total liability of B2B Internet Solutions in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Agreement is limited to:
9.4 £500 per breach for loss of or damage to tangible property; and
9.5 for any other kind of loss, one and a quarter times the amount of sums paid by the Client to B2B Internet Solutions pursuant to the Agreement (excluding VAT and expenses) during the preceding 12 month period.
9.6 B2B Internet Solutions will not be liable to the Client in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of revenue, loss of contract, loss of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of B2B Internet Solutions or its employees, agents or authorised representatives, which arises out of or in connection with the Agreement.
9.7 The Client acknowledges that the allocation of risk in the Agreement reflects the price paid for the Services and that it is not within the control of B2B Internet Solutions how or for what purposes they are used.
9.8 Where the Client accesses B2B Internet Solutions's services from locations outside the UK, the Client does so, on the Client's own initiative and is responsible for compliance with local laws.
10 Client Indemnity
The Client will fully indemnify and keep B2B Internet Solutions its parent company, sister companies, subsidiaries and affiliates, officers, partners, directors employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by it and arising from any of the following: 10.1 the Client's breach of the Agreement, negligence or other default;
10.2 the operation or break down of any IT systems owned or used by the Client including the Client System but not the Equipment; or
10.3 the Client's use or misuse of the Services.
11 Force Majeure
Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of B2B Internet Solutions or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
12 Term and Termination
Without prejudice to the remaining provisions of this clause 12 and any other rights and remedies available to B2B Internet Solutions:
12.1 B2B Internet Solutions will provide the Services for the period of 12 months from the date of the relevant Order Confirmation or, where different, any other period of supply stated on the Order Confirmation (such period being termed the "Initial Period") and will continue beyond that period, subject to termination by: 12.1.1 the Client upon serving 30 days' written notice on B2B Internet Solutions following completion of B2B Internet Solutions's prescribed template procedures for terminating the whole or any part of the Agreement (details of which can be obtained from B2B Internet Solutions's Customer Services Team); or
12.1.2 B2B Internet Solutions serving 30 days' written notice on the Client to expire at any time after the Initial Period
12.2 B2B Internet Solutions may immediately terminate the Agreement (or at its option, any part of it) by notice in writing to the Client if the Client fails to pay to B2B Internet Solutions any sum due under the Agreement after the due date for payment.
12.3 Either party may terminate the Agreement (or, at its option, any part of it) forthwith by notice in writing to the other if the other party: 12.3.1 is in material breach of the Agreement and fails (where the breach is capable of remedy) to remedy the breach within 30 days of the receipt of a request in writing to remedy the breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement;
12.3.2 becomes the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986;
12.3.3 is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
12.3.4 has a receiver, manager, administrator or administrative receiver appointed over all or any parts of its undertaking, assets or income, has passed a resolution for its winding-up, or has a petition presented to any court for its winding-up or for an administration order; or
12.3.5 has ceased or threatened to cease to trade.
12.4 Clients that have purchased the Services as Consumers have the right to cancel the Agreement within 7 working days at no additional cost from either (a) the date the contract is formed; or (b) the date that the Client receives confirmation that the contract is formed from B2B Internet Solutions or whichever is the later. For the purposes of this clause, the date the contract is formed shall be the date that the Client presses the "Order" button thereby granting consent that the Service commences.
12.4.1 The Client can exercise its right to cancel by contacting B2B Internet Solutions at www.B2B Internet Solutions.co.uk/support.
12.4.2 The Client will no longer have the right detailed in clause 12.4 when, B2B Internet Solutions has commenced the Service with the Client's consent. For the purposes of this clause the Client's consent will be deemed to be given upon the Client pressing the "Order" button.
12.4.3 If you do not wish to waive these rights, then B2B Internet Solutions will be unable to commence the Service until the end of the relevant cooling off period which is 7 working days.
13 Consequences of Termination
13.1 Termination of the Agreement is without prejudice to the rights and duties of either party accrued prior to termination.
13.2 The clauses of the Agreement which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.
13.3 B2B Internet Solutions will without notice remove the Client's data from its systems and any Equipment following termination. For the purposes of this clause, the date of termination will be either the date that B2B Internet Solutions receives signed authorisation from the Client instructing cancellation of account or the date of expiry of notice of termination served in accordance with these Conditions.
13.4 Upon termination of the Agreement, the Client will forthwith: 13.4.1 cease to use the Software, Equipment and Services;
13.4.2 erase the Software from the Client System and certify to B2B Internet Solutions that this has been done;
13.4.3 return to B2B Internet Solutions any hardware or other equipment loaned to the Client in connection with the Services or any other materials and equipment owned by B2B Internet Solutions; and
13.4.4 pay all outstanding invoices raised by B2B Internet Solutions pursuant to the Agreement.
13.5 In the event of termination of the Agreement by the Client part way through the Initial Period, the Client remains obliged to pay for Services comprising the provision of dedicated server hosting for the remainder of that period.
13.6 Where following termination, B2B Internet Solutions is unable to cancel any registration of a domain name registered on behalf of the Client, it may levy a minimum charge to cover the cost of the domain registration fee.
13.7 Where the Client services include the purchase of licensing for software by B2B Internet Solutions on behalf of the client, in the event of termination of the agreement by the client, B2B Internet Solutions are unable to refund any proportion of the software and/or licensing fees incurred.
The illegality, invalidity or unenforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.
15.1 The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstances impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy.
15.2 Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.
16 Assignment and Subcontracting
The Client may not assign the benefit or delegate the burden of the Agreement nor sub-license any of its rights under the Agreement (including to its Associated Company) without the prior written consent of B2B Internet Solutions. Any consent provided by B2B Internet Solutions under this clause is given on condition that the assignee or licensee, as the case may be, agrees to comply with the terms of the Agreement as if they were the Client. B2B Internet Solutions may sub-contract or assign any or all of its rights and obligations under the Agreement.
No variation or amendment to the Agreement (including any Order Confirmation) is effective unless agreed in writing and signed by an authorised representative of B2B Internet Solutions.
Any notice to be given or made by either party under or in connection with the Agreement must be in writing and given or made to the other party at its address stated in the Order Form or to such other address as either party may from time to time notify to the other. Every notice, if so addressed, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant party, if sent by prepaid first class post, two Business Days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by prepaid first class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a Business Day or after 4.00 p.m. on a Business Day, such notice shall be deemed to be given or made at 9.00 a.m. on the next Business Day. B2B Internet Solutions may additionally serve notice on the Client under or in connection with the Agreement by email to the Client by sending an email to the contact email address stated on the Order Confirmation(s) or, in the case of a Client for whom B2B Internet Solutions has registered a domain name, to webmaster@[registered domain name], and in such a case the email will be deemed sent once transmitted from B2B Internet Solutions's email server.
19 Applicable Law and Jurisdiction
The construction, performance and validity of the Agreement will be governed by English law and the English courts have jurisdiction to settle any disputes which may arise out of or in connection with it.
PART 2 - ANCILLARY SYSTEMS SUPPLY
20 Provision of Software
20.1 In consideration of payment by the Client of the Fees, B2B Internet Solutions will supply to the Client one copy of the Software and Third Party Software in object code form.
20.2 B2B Internet Solutions grants to the Client the non-exclusive, non-transferable right to Use the Software for so long as the relevant Services continue to be provided subject to the remaining terms of these Conditions.
21 Client's Undertakings
The Client undertakes: 21.1 to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
21.2 to take good care of the Ancillary Systems; and
21.3 not to provide or otherwise make available the Software in whole or in part (including program listings, object and source program listings, object code and source code) in any form to any person other than the Client's employees without the prior written consent of B2B Internet Solutions.
The Client may make only so many copies of the Software as are reasonably necessary for operational security and to Use the Software. Such copies and the media on which they are stored will remain the property of B2B Internet Solutions, and the Client will ensure that all such copies bear B2B Internet Solutions's proprietary notices. The provisions of Part 2 of these Conditions will apply to such copies as it applies to the Software.
23.1 Except to the extent and in the circumstances expressly required to be permitted by B2B Internet Solutions by law, the Client may not: 23.1.1 alter, modify, adapt or translate the whole or any part of the program listings, object and source program listings, object code or source code in the Software in any way whatsoever;
23.1.2 permit the whole or any part of the Software to be combined with or become incorporated in any other computer programs; or
23.1.3 decompile, disassemble or reverse engineer the Software; nor attempt to do any of these things.
23.2 To the extent that the law applicable to the Agreement grants the Client the right to decompile the Software in order to obtain information necessary to render the Software interoperable with other computer programs used by the Client, B2B Internet Solutions undertakes to make that information readily available to the Client. B2B Internet Solutions may impose reasonable conditions (including a reasonable fee) for doing so. In order to ensure that the Client receives the appropriate information, the Client must first give to B2B Internet Solutions sufficient details of the Client's objectives and the other computer programs concerned
24 Software Performance
24.1 The Client acknowledges that: 24.1.1 software in general is not error-free, and agrees that the existence of such errors will not constitute a breach of the Agreement; and
24.1.2 the Ancillary Systems will operate only in conjunction with the Client System and other operating systems that may be notified by B2B Internet Solutions in writing from time to time.
24.2 B2B Internet Solutions will use its reasonable endeavours to check the Software for the most commonly known viruses prior to delivery to the Client. However, the Client is solely responsible for virus scanning the Software and B2B Internet Solutions gives no warranty that the Software will be free from viruses.
24.3 B2B Internet Solutions warrants that (subject to the other provisions of the Agreement) the Ancillary Systems will as at delivery be free from material errors which prevent the Client's use of the Services and conform in all material respects with any applicable specification agreed in writing between the Client and B2B Internet Solutions. B2B Internet Solutions will not be liable for a breach of this warranty:
24.3.1 if the error in question has been caused by any modification variation or addition to any part of the Ancillary Systems not performed by B2B Internet Solutions, their incorrect use by the Client, or use with or in connection with systems with which they are incompatible; or
24.3.2 where the Client does not notify B2B Internet Solutions in writing of a failure within 14 days of becoming aware of the same.
24.4 If the Client makes a valid claim against B2B Internet Solutions based on the failure by B2B Internet Solutions to comply with the warranty set out in clause 24.3 B2B Internet Solutions will at its option take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to the defective Ancillary Systems.
24.5 If B2B Internet Solutions complies with clause 24.4 it will have no further liability for a breach of the warranty set out in clause 24.3.
25 Third Party Software and Services
Any Third Party Software and or Service is supplied to the Client on the basis of the relevant third party's standard licence terms provided to the Client with the relevant Third Party Software and or Service and with which the Client agrees to comply with.
PART 3 - SUPPORT SERVICES
26 Provision of Support Services
26.1 B2B Internet Solutions will provide the Support Services to the Client upon the terms and conditions set out in this Part 3 and Part 1 of these Conditions.
26.2 B2B Internet Solutions will only be obliged to provide the Support Services during Support Hours as detailed on the B2B Internet Solutions website
26.3 The obligation of B2B Internet Solutions to provide Support Services will not extend to: 26.3.1 rectification of lost or corrupted data except where such loss is as of a direct result of a B2B Internet Solutions server crash;
26.3.2 Ancillary Systems altered modified or varied by other than B2B Internet Solutions;
26.3.3 attendance to faults arising from the Client's failure to comply with B2B Internet Solutions's instructions with regard to the use of the Services or any documentation or manuals provided by B2B Internet Solutions, or operator error or omission; or
26.3.4 attendance to faults attributable to the use or interaction of an Ancillary System with other software or systems with which it is not compatible.
26.3.5 B2B Internet Solutions will charge its standard employee charge out rates (as detailed in any relevant SLA) in addition to the Fees for the carrying out any remedial work described in clauses 26.3.1 to 26.
26.4 B2B Internet Solutions will use its reasonable endeavours to provide the Support Services in accordance with any applicable SLA.
26.5 Scope of Support Services
B2B Internet Solutions will at no additional charge to the Client initially install the standard operating system Software on to the Client System or, where appropriate, the Equipment. Any re-install will occur a charge, this charge will be detailed in any applicable SLA.
26.6 B2B Internet Solutions will operate a service to assist the Client in relation to the Client's use of the Services and the identification and correction of Defects. Assistance via this service may be requested by the Client and provided by B2B Internet Solutions, by e-mail or helpdesk ticket system provided by B2B Internet Solutions. The service will be obtained by e-mailing such addresses or logging into such ticketing systems, as are notified by B2B Internet Solutions from time to time.
26.7 If a Defect occurs, the following procedure will be followed: 26.7.1 the Client will notify B2B Internet Solutions of the Defect and provide such information and assistance as B2B Internet Solutions reasonably requires in connection with such Defect; and
26.7.2 B2B Internet Solutions will analyse the Defect and use its reasonable endeavours to rectify the Defect in question or propose a solution in connection with the same, within ten Business Days of being notified of the same under clause 26.6.
PART 4 - DOMAIN SERVICES
27 Service Provision
27.1 B2B Internet Solutions will provide the Domain Services to the Client upon the terms and conditions set out in this Parts 1, 3 and 4 of these Conditions.
27.2 The Client undertakes and warrants to B2B Internet Solutions that the registration of any domain name requested by it (a "Requested Domain"): 27.2.1 and the manner in which it is to be directly or indirectly used will not infringe any third party rights; and
27.2.2 is not being made in bad faith or could be considered to be an abusive registration under the ICANN or Nominet dispute resolution policies, whichever is appropriate.
The Client also confirms and warrants that any Requested Domain is not being registered and will at no time whatsoever be used for any unlawful purpose.
27.3 The Client acknowledges that, whilst B2B Internet Solutions will use its reasonable endeavours to register a Requested Domain, B2B Internet Solutions will not be obliged to accept any request to register or continue to process any registration of a Requested Domain.
27.4 The Domain Services are limited to forwarding the application for registration to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application to the Client within a reasonable period after communication from the authority. B2B Internet Solutions will use reasonable endeavours to notify the Client of any renewal dates however B2B Internet Solutions accepts no liability for the loss of registration of any Requested Domain.
27.5 B2B Internet Solutions makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any Requested Domain. The Client acknowledges that B2B Internet Solutions cannot guarantee the reservation or registration of any Requested Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.
27.6 The Client will check that the domain name as reported on all documents sent to the Client (such as invoices and e-mail notifications) is spelt correctly. The Client will notify B2B Internet Solutions of any incorrect spellings of a Requested Domain promptly and in any event within 24 hours of receiving such document.
27.7 The Client will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.
27.8 If the Client wishes to transfer ownership of a Requested Domain then it will procure that all necessary consents to that transfer are obtained and will deliver up to B2B Internet Solutions, on demand, documentary evidence of that all such consents have been obtained. The Client agrees that prior to transferring ownership of a Requested Domain to another person (the "Transferee") the Client will procure that the Transferee agrees in writing to be bound by the terms of the Agreement. A Requested Domain will not be transferred until B2B Internet Solutions receives such written assurances as it requires that the Transferee is bound by the terms of the Agreement.
27.9 B2B Internet Solutions will not transfer ownership of a Requested Domain until all Fees attributable to the Domain Services which are due have been paid by the Client to B2B Internet Solutions.
27.10 B2B Internet Solutions may from time to time change the registrar that a Requested Domain is held with, at its discretion and without notice to the Client.
27.11 The Client agrees and acknowledges that B2B Internet Solutions will make registration information provided by the Client in relation to the Requested Domain available to ICANN, Nominet or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority. The Client further acknowledges that B2B Internet Solutions may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection (such as through the WHOIS service) or other purposes as required or permitted by ICANN, Nominet and applicable law. The Client consents to any and all such disclosures, whether during or after the term of registration of the Requested Domain. The Client irrevocably waives any and all claims and causes of action arising from such disclosure or use of the domain name registration information by B2B Internet Solutions.
27.12 B2B Internet Solutions will only allow a domain name owned or managed by the Client to be attached to the ISP tag of B2B Internet Solutions or any of its Associated Companies if the Client has an active hosting account with B2B Internet Solutions or one of its Associated Companies or is holding the domain name within a 123-reg holding account.
27.13 The Client agrees that following any upgrades, downgrades or any other changes made by the Client to their Domain or Hosting package the Client will at all times independently manage their Domain(s)