TERMS & CONDITIONS
Please read these terms and conditions before signing any application form. Submitting the form will constitute your full agreement with these terms and conditions. These do not affect your statutory rights under UK law.
1. Service Obligation
1.1 Pay As You Host (the trading name of Plusnet PLC) will use reasonable endeavours to ensure a prompt and continuing service as described in the specification ("the Service") but will not be liable for any loss of data resulting from delays, non-deliveries, or service interruptions caused by circumstances beyond the direct control of Pay As You Host, or by errors or omissions of the Customer. Pay As You Host specifically excludes any condition of warranty as to the accuracy of third party information received through the Service.
1.2 Pay As You Host will not be held liable for indirect, economic or consequential loss whatsoever.
1.3 The liability of Pay As You Host in contract or in connection with the supply of the Service shall be limited in respect of any one event or a series of two or more connected events to the value of 1 calendar month in subscriptions.
1.4 Breach of Terms and Conditions by customers shall lead to termination of Service with no entitlement to refund of paid-up subscriptions.
2. Contract of Service
2.1 The contract period shall be for the whole term of subscriptions paid by the Customer until the expiry of that subscription period.
2.2 Pay As You Host may elect to suspend or terminate the Service immediately on any default of payment by the Customer.
2.3 From time to time parts of the Pay As You Host network may be taken off-line for repair or routine maintenance. Pay As You Host will endeavour to give as much notice as possible but will not be held liable for any unscheduled downfall in the Network due to extraneous conditions including but not limited to Act of God, inclement weather, act of telephone or Governmental organisations or power failure.
3. Improper Use and Liabilities
3.1 The Customer shall acknowledge that they will only use the Service for lawful purposes. The Customer shall comply with the Acceptable Use Policy ("AUP" available at http://www.pay-as-you-host.com/policies/aup) which shall be considered as an integral part of this agreement. Pay As You Host reserves the right to revise the AUP from time to time.
3.2 The Customer shall take reasonable precaution to prevent the reception and transmission of viruses to the Pay As You Host Network and beyond and shall not attempt any intentional and malicious damage to the Pay As You Host Network or use the Service to affect other computers.
3.3 The account shall be used for single use only and will not allow simultaneous log-ins.
3.4 It is the Customer's responsibility to keep all user names and passwords secure and not let third parties knowledge or access to them or to store them on any computer in plain text or in a format that is easily accessible.
3.5 The Customer will notify Pay As You Host immediately by telephone or e-mail in any event of a username or password becoming known to a third party.
3.6 The Customer hereby indemnifies Pay As You Host or its trading concerns against any action taken by a third party resulting from the Customer's use of the Service.
3.7 The Customer shall notify Pay As You Host of any action taken against them by a third party and will not hold Pay As You Host liable for any resulting costs.
3.8 The Customer shall be responsible and liable for any costs to telephone companies by use of the Service from their point of connection.
3.9 The Customer acknowledges that Pay As You Host cannot exercise control over the content of information passed across the Internet and via the Service.
3.10 The Customer agrees to conform to the acceptable policies of connecting to other Networks or computers across the Internet.
4. Sub-Lease/Re-Selling Restrictions
The Customer agrees not to re-assign, re-sell, sub-lease or transfer their account in any way, shape or form. Contravention shall lead to immediate termination of the Service to the Customer.
5 Service Agreement
The Customer has the right to withdraw from or cancel their Service Agreement with Pay As You Host at any time. No refunds will be due for any cancellation of service or due to any suspensions or terminations of service.
6. General Terms and Law
6.1 Pay As You Host reserves the right to do normal system housekeeping such as creating back-ups AND do not accept responsibility for ensuring back up works though - your data security is your own responsibility.
6.2 If Pay As You Host suspect Illegal Activity, we may notify the authorities and reserve the right to do anything on the system which our lawyers advise us to do in the protection of the system.
6.3 This Agreement is governed by the laws of the United Kingdom, and you consent to the exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of the Pay As You Host subscription.
6.4 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Pay As You Host as a result of your use of Pay As You Host. You agree not to hold yourself out as a representative, agent or employee of Pay As You Host. You agree that Pay As You Host will not be liable by reason of any representation, act or omission to act by you.
