The UK Online - Total Web Solutions for design, hosting, domain names and graphic design

INTERPRETATION
1.1 In this Contract unless context otherwise requires:
"UKOL" means THE UK ONLINE
"Contract" means these conditions and the Web Site Order
"Client" means the person named as such on the Web Site Order and anyone reasonably appearing to UKOL to be acting with that Clients authority or per mission;
"Domain Name" means a name registered with an Internet registration authority for use as part or the Clients URL;
"Information" means the visual, textual or other information published or other wise made available (directly or indirectly) on the Internet using the Service; "Internet" means the global data network comprising interconnected networks using TCP/IP ("Transmission Control Protocol/Internet Protocol"); internet Standards means the protocols and standards defined in Internet documents RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as applicable;
1 2 The Web Site Order contains explanations and notes concerning the charges which form part of this Contract.
1.3 In the event of any conflict between the documents forming this Contract, the documents will take the same order of precedence as that in which they appear in the definition of Contract in paragraph 1 .1.

2.PROVISION OF THE SERVICE
2.1 UKOL agrees to provide the Client with the Service on the conditions of this contract
2.2 If the Service is to be provided by a date specified by the Client or UKOL, such date shall be treated as an estimate only and UKWD does not accept any liability for any failure to meet the date.
2.3 It is technically impracticable to provide the Service free of faults and UKOL does not undertake to do so. UKOL will correct reported faults as soon as it reasonably can.
2.4 This Contract does not include the provision of any telecommunications service for Internet access.
2.5 The Client is responsible for providing a suitable PC, modem, and any other items of hardware, software and communications equipment necessary to access the Service

4.CHARGES
4.1 The Client agrees to pay all charges for the Service as specified in the Price

5. SECURITY
5.1.The client is responsible for the security and proper use of user names, passwords and security checkwords used in connection with the service and must take all necessary steps to ensure that they are kept confidential, used properly and not disclosed to unauthorised people. The security checkwords must not be disclosed to any third parties.

6. USE OF SERVICE
6.1 The Client shall be and shall remain responsible for all information published on their Web site.
6.2 The Client warrants that the Information is accurate and will not include any information or material, any part of which, or the accessing of which would be a criminal offence or otherwise unlawful. In particular the Client warrants that all necessary licenses and consents (including but not limited to those from owners of copyrights or performing rights) have been obtained.
6.3 The Client warrants that it will comply with all consumer and other legislation, instructions or guidelines issued by regulatory authorities, relevant licenses and any other codes of practice which apply to the Client or UKOL/UKBD and which relate to the provision of Information, provided that UKOL has given notice to the Client of those which only apply to UKOL.
6.4 The Service must not be used:
6.4.1 fraudulently or in connection with a criminal offence:
6.4.2 to send, receive, upload, download, use or re-use any Information or material which is offensive, abusive, defamatory, obscene or menacing, or in breath of confidence, copyright, privacy or any other rights,
6 4.3 in breach of instructions UKOL has given under paragraph 2.6.3.
6.4.4 to cause annoyance, inconvenience or needless anxiety;
6.4.5 to send or provide unsolicited advertising or promotional material: or
6.4.6 other than in accordance with the acceptable use policies of any connected networks and the Internet Standards.
6.5 The Client must not use a Domain Name or URL, which infringes the rights of any person in a corresponding trademark or name, whether in statute or common law.
6.6 The Client must ensure that a contact name, telephone number and electronic mail address are included in clear and legible form on its web site for receipt of any enquiries or complaints that may arise in relation to Information, Third Party Information or other material published on the web site. UKOL/UKBD' reserves the right to disclose to any person with an enquiry or complaint the con tact name, telephone number and electronic mail address if such person cannot locate these details on the Client's web site.
6.7 If anyone other than the Client uses the Service with or without the Clients knowledge or approval, in contravention of paragraphs 6,4 or 6.5, UKOL can treat the contravention as a breach by the Client of paragraph 8 of this Contract.

7. CONFIDENTIALITY
7.1 The Client shall keep in confidence any information of a confidential nature relating to the Service obtained from UKOL under this Contract and must not dispose such information to any other person without UKOL prior written consent, provided that this restriction does not apply to information which, is:
7.1.1 in the public domain otherwise than in breach of this Contract;
7.1.2 lawfully obtained from a third party that it free to disclose it;
7.1.3 required to be disclosed by law or a competent authority,
7.1.4 in the lawful possession of the Client prior to disclosure
7.2 The restrictions in this paragraph shall survive the termination or expiry,' of this Contract

8.BREACHES OF THE CONTRACT
8.1 If the Client:
(a) does not pay any charge within 28 (twenty-eight) days of ii falling due; or
(b) commits a breach of this Contract and if it is possible to remedy, fails to remedy the breach within a reasonable time of written notice to do so or if it is not possible to remedy the breach; or
8.1.2 UKOL believes the Service is being used in a manner prohibited under paragraph 6 even if the Client is unaware that the Service is being used in such a way UKOL can terminate this Contract or suspend the Service or any part of the
Service (or both) without notice, and claim for the resulting losses or expenses.
8.2 If UKOL suspends the Service under this paragraph. UKOL can refuse to

9.TERMINATION BY NOTICE
9.If Either party can terminate this Contract on giving 14 days' notice to the other party.
9.2 If notice is given under paragraph 9.1. the Client shall pay all charges due for the Service up to the expiry of the notice. If the Client gives notice, the Client must also pay the charges due for any remaining part of the Minimum Period of Service, unless the Client has given notice because UKOL/UKBD intends to change any of the conditions of this Contract to the Client's material detriment
9.3 If UKOL gives notice under paragraph 9.1, UKOL will repay or credit the appropriate proportion of any charges paid in advance following expiry of the notice period.
9.4 Termination by notice under this paragraph 9 does not avoid any liability for Service already provided.

10. UKOL LIABILITY
10.1 UKOL duty in performing any obligation under this Contract is only to exercise the reasonable skill and care of a competent Web site designer.
10.2 UKOL accepts liability for death or personal injury caused by UKOL negligence.
10.3 The Client accepts that UKOL is under no obligation to monitor or approve Information and Third Party Information and that UKOL does not examine the use to which Clients put the Service.
10.4 UKOL excludes all liability of any kind for all material comprising Information or Third Party Information and is not responsible for the provision or delivery of any goods and services (including Information) advertised, sold or otherwise made available by means of the Service.
10.5 UKOL is not liable o the Client either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including Internet registration authorities) or for faults in or failures of their equipment
10.6 UKOL is not liable to the Client either in contract, tort (including negligence) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings, or for any indirect or consequential loss whatever.
10.7 UKOL liability to the Client either in contract, tort (including negligence) or otherwise in relation to this Contract is limited to £250,000 for any one incident or series of related incidents and £500,000 for all incidents in any period of 12 months.
10.8 Each provision of paragraph 10 limiting or excluding liability operates separately. If any part is held unreasonable or inapplicable in any circumstances the other parts shall continue to apply.

11. INDEMNITY
The Client must indemnify UKOL against any claims or legal proceedings that anyone (other than the Client) threatens or makes against UKOL because of the way the Service is used or because the Service is faulty or cannot be used.

12.ASSIGNMENT
Neither party may assign any rights or obligations under this Contract without the written consent of the other.

13.GIVING NOTICE
Notices given under this Contract must be in writing and delivered by hand, or sent by prepaid post or electronic mail as follows:
13.1 To UKOL: to the address shown on the Registration Form, or any alternative address which UKOL/UKBD notifies to the Client at any time;
13.2 To the Client: the address specified by the Client when entering into this Contract, or any alternative address, which the Client notifies to UKOL at any time.

14. MATTERS BEYOND THE PARTIES' REASONABLE CONTROL
If either UKOL or the Client is unable to perform any obligation under this Contract because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, it will have no liability to the other party.

15.SOFTWARE
15.1 Intellectual property rights in any software or documentation supplied by UKOL to the Client remain the property of UKOL or its licensors.
15.2 The Client agrees to comply with the terms of any agreements reasonably required by the owner of intellectual property rights in any such software or documentation relating to the protection of those rights. Subject to the terms of this Contract, UKOL grants the Client the non-exclusive right to use such software or documentation in connection with the Service.
15.3 Without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 the Client must not and must not permit any other person to:

15.3.1 disassemble, reverse engineer, decompile or in any other way interfere
with the software;
15.3.2 copy or modify the software; or
15.3.3 create any new software partly or wholly based on the software.