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All of the provisions of the Netcalibre Ltd Service Agreement (hereinafter referred to as Agreement) shall apply to all access, transport, system, or service Accounts billed to a designated Account Holder (hereinafter referred to as “The Customer”).
All services provided to The Customer by Netcalibre Ltd (hereinafter referred to as “Netcalibre”) are collectively termed an “Account”.
Netcalibre agrees to provide and The Customer agrees to receive access to Netcalibre services according to the following terms and conditions:
The rights of access conveyed by this Agreement are non-transferable.
Use of a Netcalibre account is expressly limited to the individual name and the company they represent (if applicable) that appears on the account.
The Customer agrees to use this service in a manner consistent with any and all applicable laws, whether national, European or by international treaty.
The Customer agrees to follow the relevant Acceptable Use Policies of any network The Customer connects to, including the Netcalibre system.
The use of a Netcalibre individual access account for advertising or promotion of a commercial product or service is prohibited unless the account is specified as for “commercial use”. This restriction is primarily for, but not limited to, HTML documents made available for viewing with a WWW browser application. Netcalibre reserves the right to view www directories of user accounts in order to determine compliance, and may at any time request that an individual account be converted to commercial service. Netcalibre shall be the final arbiter of what constitutes commercial content. Violators are subject to immediate termination of their account.
The Customer is responsible for all use of his/her account(s) and the confidentiality of password(s). Netcalibre will suspend access or change access to The Customer’s account within twenty-four hours or less after notification by The Customer that his/her password has been lost, stolen or otherwise compromised. If Netcalibre believes that The Customers account is no-longer under the control of The Customer, Netcalibre will suspend access or change access to The Customer’s account as necessary.
The Customer is responsible for any and all local or long-distance telephone charges, or other charges for internet access necessary for connecting to the Netcalibre systems.
The Customer agrees to pay Netcalibre for any and all charges relating to the use of The Customer’s account(s) according to rates and prices published on-line at the time the service is used.
The Customer accepts that certain products and services which are purchased under resale or ‘registrar’ agreement from third party organisations, registries, software houses etc may have attached terms which must be adhered to during the use of those products or services, and agrees to indemnify Netcalibre from any losses howsoever incurred that may result in the event that these additional third party terms are breached (this typically includes but is by no means limited to the forfeiture of any licences/registrations and any associated fees). If you are unsure about the existence or content of such additional terms, please ask us in advance and we will gladly advise you.
Domain name registrations are the most common products which are often registered subject to the terms and conditions of registration of a particular registry operator. An example of this is domains ending in .uk, which are subject to Nominet’s Terms and Conditions of Domain Name Registration. Registrants of domains should also be aware of ICANNs Registrant Rights and Responsibilities.
Netcalibre reserves the right to terminate service at any time for non-payment.
Netcalibre reserves the right to suspend access to service for The Customer’s account(s) upon an indication of payment problem.
A request for termination of service must be received in writing by Netcalibre from The Customer.
Upon the customer’s request, Netcalibre may choose, at its sole discretion, to refund any prepaid fees remaining on the account at the time of termination – please see our Refunds, Replacements and Cancellations Policy.
Netcalibre reserves the right to change the price of any service not under a contract at any time and any such changes will become effective to existing customers at the time of next billing.
Neither Netcalibre nor its Information Providers are responsible for any damages arising from The Customer’s use of, or inability to use, the service(s) provided by Netcalibre.
Netcalibre reserves the right to change without notice the Netcalibre service, including but not limited to: access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
Netcalibre is not responsible for The Customer’s personal files residing on Netcalibre’s equipment.
The Customer is responsible for independent backup of data stored at Netcalibre.
Netcalibre reserves the right to immediately delete The Customer’s personal files after one or both parties terminate service.
Netcalibre reserves the right, at its sole discretion, to delete any information entered into Netcalibre systems by The Customer.
Netcalibre and its authorised representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
Netcalibre shall not be liable for any consequential, incidental, indirect, or special damages arising out of or caused by mistakes, omissions, interruptions, delays, errors, or defects or otherwise occurring in the course of furnishing service.
The liability of Netcalibre for direct damages shall in no event exceed an amount equivalent to the proportionate net charge to The Customer for the period of service during which such mistakes, omissions, interruptions, delays, errors, or defects occur.
THE NETCALIBRE SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE MADE WITH RESPECT TO NETCALIBRE, OR ANY INFORMATION OR SOFTWARE THEREIN. THIS “NO WARRANTY” EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY NETCALIBRE OR ITS PROVIDERS. THE Customer HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION OR STORAGE ON THE NETCALIBRE EQUIPMENT THROUGH THE CUSTOMER’S ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELLOUS.
Netcalibre, at its sole business judgement, may terminate this membership Agreement immediately or suspend The Customer’s access to the service upon any breach of this membership Agreement by The Customer, including, but not limited to, refusal or failure to pay for services provided or by sole judgement of Netcalibre that The Customer may be performing activities harmful to Netcalibre or its customers, employees, vendors, business relationships or any other users of the Internet.
Due to the public nature of the Internet, all electronic mail is considered publicly accessible and important information should be treated carefully.
Netcalibre is not liable for protection or privacy of electronic mail and information transferred through the Internet.
The Customer shall not use Netcalibre electronic mail or other Internet related facilities for the distribution of mass mailings, whether unsolicited or through a controlled distribution list – mailing list arrangements may be made under a separate contract.
The laws of England shall govern this Agreement.
The parties submit to the non-exclusive jurisdiction of the English Courts.
Netcalibre may modify these terms and conditions upon notice published on-line or via electronic mail from Netcalibre.
The Customer’s use of Netcalibre services after such notice shall constitute The Customer’s acceptance of the modifications to this Agreement.
Non-enforcement of any section of this Agreement does not constitute consent and Netcalibre reserves the right to enforce this Agreement at its sole discretion.
If any paragraphs in this Agreement are found to be unenforceable or invalid, then the rest of the agreement shall remain in force.
The Customer understands that Netcalibre acts as a gateway in providing access to the Internet and is not responsible for content on the Internet.