Virtual Private Server Specific Terms & Conditions
Virtual Private Server use
- Line 3 Internet reserves the right to refuse service and/or access to its servers to anyone.
- Line 3 Internet does not allow any of the following content to be stored on its servers:
- Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
- Excessive download content or non-linked content.
Refusal of service based on content matching either of these two criteria is entirely at the discretion of Line 3 Internet.
Support
We will endeavour to provide a continuous high quality service. If you experience problems with your service, you should consult our support website. Should you fail to find a resolution to our problem in our FAQ's or Knowledge Base then you will find our 24/7 Helpdesk contact details within our support website: www.line3.co.uk/support. Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is available on the Line 3 Internet Support website as are any interruptions to our services.
Monopoly Policy
Line 3 Internet may implement the following policy to its sole discretion: When a VPS or website is found to be monopolising the resources available Line 3 Internet reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Line 3 Internet continues to provide services but only for an additional fee.
Scope
a) By entering into an agreement with Line 3 Internet Ltd, Client agrees to these Terms and Conditions and to the Line 3 Internet Ltd Acceptable Use Policy, and any relationship between Line 3 Internet Ltd and Client becomes subject to these Terms and Conditions and the Acceptable Use Policy.
b) Any deviation from these conditions by Client is subject to prior written permission from Line 3 Internet Ltd, signed by one of its authorized representatives.
c) These Terms and Conditions replace all previous Terms and Conditions.
Line 3 Internet Ltd Obligations
a) Line 3 Internet Ltd shall make a reasonable effort to deliver products on time as specified in the respective SLA.
b) Client cannot lay any claim to damages resulting from the delayed delivery of a product.
c) Line 3 Internet Ltd shall refrain from examining Client's e-mail messages, other than those specifically sent to Line 3 Internet Ltd for its attention, and/or other data, and shall not make same available to any third party, unless Line 3 Internet Ltd is required to do so by law, or in the event of Client acting, or being under suspicion of acting, contrary to Section 5.b - 5.d of these Terms and Conditions and/or the terms of the Acceptable Use Policy.
d) Line 3 Internet Ltd shall be free to charge Client in the event of changes in the rates payable for data communication traffic. In such an event, Client shall have the right to terminate the agreement with immediate effect within one month following the written notice of the change in rates.
Location Access
a) Client does not have the right to physical access to the Location.
Client Obligations
a) Client shall inform Line 3 Internet Ltd without delay and in writing of any change of name, postal address, e-mail address, and on request, bank or credit account details. Such change is assumed to have immediate effect unless noted otherwise.
b) Client shall refrain from the storage and/or distribution of MP3 files, warez, racist or discriminatory material, and/or any other material that is prohibited by applicable law or that infringes the rights of any third party.
c) Client shall observe the Netiquette and shall refrain from interfering with other Clients or Internet users or causing damage to the System. Client may not knowingly, negligently, recklessly or otherwise start any processes or programmes with the use of the System or otherwise that may cause damage to Line 3 Internet Ltd, other Clients or Internet users.
d) Client indemnifies Line 3 Internet Ltd from any and all legal claims with regard to the data, information and any property or programme stored by Client on the System.
e) Client shall be liable for compensation for any damage resulting from failure to observe its obligations.
Default
a) In the event of any default by Client, Line 3 Internet Ltd reserves the right to either deny access by Client to the System or disconnect the System from the Internet or both. Line 3 Internet Ltd reserves the right to remove or make unavailable any data, information and any property or programme that may interfere with the operation of Line 3 Internet Ltd and/or other Clients.
Liability
a) Line 3 Internet Ltd cannot be held liable for the loss of data, information or any property or programme stored on the System. Client is solely responsible for said data and the backup of said data.
b) Line 3 Internet Ltd shall not be liable for damage to Product or System as a result of a software operation, the purpose of which is to cause damage, e.g. loss or damage caused by a computer virus. Line 3 Internet Ltd shall be free to run antivirus software in order to limit the likelihood of damage to its and Client's systems, and to remove or isolate data, information or any property or programme as it deems necessary for the purpose of protection against damaging software.
c) Line 3 Internet Ltd shall not be liable for any direct or indirect damage, including but not limited to, consequential damage, loss of profits, loss of savings, and damage resulting from disruption of business.
d) Line 3 Internet Ltd shall not be liable for damage caused by any third party in connection with the use of the Product.
e) In any case, any liability of Line 3 Internet Ltd shall be limited to a total amount of no more than the invoice value of the part of the agreement from which said liability arises.
f) Line 3 Internet Ltd shall not be liable for damage to the Product causes by any third party not acting under the responsibility of Line 3 Internet Ltd.
Payment
a) Client shall pre-pay each invoice unless otherwise agreed in writing. Upon failure to settle an invoice no later than 30 days after of the invoice date, Client shall without prior notice be considered to be in default, and shall forfeit any access to Line 3 services and facilities. A cumulative interest of 1.5% per month, or part thereof, of the invoice amount due. Line 3 Internet Ltd reserves the right to increase the amount due by Client with costs associated with the collection of the debt, including legal and other fees incurred. In the event that said costs are not settled on time, they will for the time being, in anticipation of the actual costs being known, be set at an amount, due on demand, of 15% of the invoice to be settled, with a minimum of £250.00.
b) Any remittance by Client shall in each instance serve firstly to settle any interest and costs due, and secondly to settle the invoices that have been due for the longest time, regardless of any indication by Client that the remittance concerns an invoice of a later date.
c) Remittance shall take place without discount or deduction.
d) Line 3 Internet Ltd has the right to demand advance payment, in part or in full, for projects to be carried out for Client as agreed with Client.
e) Client has had the opportunity to familiarise itself with these Terms & Conditions prior to entering into an agreement with Line 3 and agreed to be bound by these terms placing and completing an order from Line 3 Internet Ltd.
If Client in any way fails to fulfil his obligations as agreed in relation to Line 3 Internet Ltd, any amount due in relation to Line 3 Internet Ltd shall be due on demand. In the event of default, Line 3 Internet Ltd shall have the right, at its sole discretion, to convert any securities, or parts thereof, given in relation to Line 3 Internet Ltd, and recover from the proceeds any amounts due to Line 3 Internet Ltd according to its administration, including statutory interest and costs to be specified by Line 3 Internet Ltd.
Conditions of Ownership
a) Line 3 Internet Ltd shall retain the ownership of all the Products it delivers, unless otherwise agreed with Client.
Intellectual Property
a) Client shall have the non-transferable right to use the Product delivered by Line 3 Internet Ltd.
b) Client may not sell, lend, duplicate, or modify, for any reason whatsoever, any third-party software supplied to Client by Line 3 Internet Ltd, nor any products developed by Line 3 Internet Ltd, wholly or in part, without the prior written permission of Line 3 Internet Ltd.
c) Line 3 Internet Ltd may not sell, lend, duplicate, or modify, for any reason whatsoever, the data, information and any property or programme that Client has stored on the System, without the prior written permission of Client, unless such act is in accordance with these Terms & Conditions.
Force Majeure
a) Line 3 Internet Ltd shall not be liable for the consequences of force majeure, including in any case acts and measures instituted by the proper authorities, international conflict, violent or armed action, labour troubles, exclusions, boycotts, and disruptions in businesses or institutions supplying services.
b) Line 3 Internet Ltd shall not be liable for damage, consequential or otherwise, resulting from force majeure, including lack of access to the System as a result of power or equipment failure not attributable to Line 3 Internet Ltd, and equipment and/or software maintenance.
c) In the event a Line 3 VPS is suspected of having been compromised to the detriment of network performance, Line 3 Internet Ltd reserves the right to temporarily switch off said server or restrict its available bandwidth. The server will be reconnected as soon as Line 3 Internet Ltd considers it fit to resume normal operation. Line 3 Internet Ltd shall not be liable for damage caused by any person maliciously gaining access to the system, denial of service attacks, distributed denial of service attacks, and other similar third-party attacks on its products.
Termination
a) Client shall have the right to prematurely terminate the agreement at any time subject to serving advance notice of termination.
b) If no term of notice of termination has been agreed in writing, the term of notice shall be one quarter of the duration of the agreement, with a minimum of one week.
c) If Line 3 Internet Ltd enters into an agreement with Client for a long-term project, payment for any work already carried out shall become due on demand in the event of premature termination of the agreement by Client. The invoice shall include the pro rata amount for such work carried out unless agreed otherwise.
d) If Client becomes subject to a moratorium or is declared bankrupt or in liquidation, Line 3 Internet Ltd has the right to terminate the agreement with Client with immediate effect and without recourse to law, without any obligation of compensation to Client.
Final Provisions
a) These Terms & Conditions are subject to UK law.
b) Unless the rules of imperative law demand otherwise, any disputes arising in connection with the agreement shall be brought before a competent court of law in the UK.
c) Line 3 Internet Ltd reserves the right to change these Terms and Conditions. Such changes shall not become effective until fourteen days after serving notice of change to Client.
d) If applicable, changes in management or legal form of Client, shall not affect the agreement. The signatory entering the agreement confirms it is authorised to enter into the agreement.
e) If any clause in this agreement is declared invalid, the remaining clauses shall remain in full force and effect.
f) The Line 3 Internet Ltd Acceptable Use Policy and these Terms and Conditions are incorporated into any agreement Client enters into with Line 3 Internet Ltd.