WebNet2000Ltd Terms Of Business

Version 10.11.2005

All Users of services provided by WebNet2000Limited, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.

NOTE: Spamming, or the sending of unsolicited email, from a WebNet2000 Limited server or using an email address that is maintained on a WebNet2000 Limited machine is STRICTLY PROHIBITED.

This Agreement is made between WebNet2000Limited of 1 & 2 Victoria Mews, De Montfort Place, Leicester, LE1 7GZ ("we" and also "WN2000")and the user

_____________________________________________________

of

_____________________________________________________

("you" and also "the Customer").

The date of this Agreement is

_____________________________________________ 20_____

The following constitute the terms and conditions under which WebNet2000Limited trades and supplies its services and related products. These conditions, in conjunction with the details as shown on the WebNet2000Limited Order Form (where completed) represent the totality of the agreement and form the Contract between WebNet2000Limited and the User.

Any agreed variation or alteration to part of these terms and conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order. WebNet2000Limited is entitled to suspend services if the User does not adhere to any or several conditions of this Contract.

1. DEFINITIONS

In this Contract unless the context otherwise requires:

"Service" or "Services" means domain name registration, Virtual Server hosting, bandwidth provision, email and any other service or facility provided by us to you including specifically but not exclusively services known as "WNFree","WN100", "WN300", "WN750", "WN1000 (HR)", "WN2000 (HR)", "WN10000 (HR) (HR)", "WN10000(HR)", "Dedicated Server", "Dedicated Server (HR)", "Managed Server" and "Managed Server (HR)";

"Server" means the computer server equipment operated by us or provided by you in connection with the provision of the Services;

"Virtual Server" means the area on the Server allocated by us to you for use by you as a site on the Internet;

"WN2000" means WebNet2000Limited, incorporated in England, company number 3679708, with the registered office at 1 & 2 Victoria Mews, De Montfort Place, Leicester, LE1 7GZ;

"Contract" means the agreement between WN2000 and the User incorporating these conditions, the WN2000 Order Form (where completed) and WN2000's published charges for the provision of its services; References to "Agreement" shall, where the context admits, be read as referring to the Contract

"Charges" means the charges as agreed on the Order Form (where completed) and WN2000's latest published prices for products and services requested or incurred by you

"bandwidth" means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract;

"data transfer" means all traffic that passes through the Virtual Server including specifically but not exclusively web traffic, email, FTP transfers and any telnet session data;

"Site" means the premises or location at which Service is or is to be provided under this Contract;

"Equipment" means equipment which is supplied by or on behalf of WN2000 to the customer or placed at or on a Site for the purpose of providing Service;

"Internet" means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Intermit Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;

"User" means you, the Customer, or any person who makes use of the services though you or on your behalf;

"Initial Contract Term" means the initial period of service as specified in clause 6;

"Extension Term" means each successive period of twelve months after the Initial Contract Term.

2. DOMAIN NAME REGISTRATION

2.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk;

2.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. For UK domain registrations you shall ensure that you are aware of the terms and conditions of Nominet UK, the UK naming authority, that can be found at http://www.nominet.org.uk/nominet-terms.html and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

2.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

2.4 We give no warranty or representation that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.

2.5 WN2000 shall be entitled to withhold the release of any domain name to another provider or "tag holder" unless full payment of all amounts due to us at that time for whatever reason has been received by us:

2.6 If payment is not received for any domain name WN2000 may delete or retain the domain for further sale.

2.7 You may request deletion of a UK domain name registered with Nominet UK only within 7 days of the application date for that domain name. There will be a standard "deletion charge" of £25. Deletion requests after these 7 days will not be accepted.

3. VIRTUAL SERVER HOSTING and EMAIL

3.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss of or damage to any data stored on the Server.

3.2. You shall effect and maintain adequate insurance cover in respect of any loss of or damage to data stored on the Server.

3.3 You represent, undertake and warrant to us that you will use the Virtual Server allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that

3.3.1 you will not use the Virtual Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so;

3.3.2 you will not post, link to or transmit:

(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;

(b) any material containing a virus or other hostile computer program;

(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

Your attention is drawn to the provisions of subclause 8.3 below.

3.4 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

3.5 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Virtual Server which is detrimental to our other customers.

3.6 You shall procure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

3.7 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

3.8 Any access to other networks connected to WN2000 must comply with the rules appropriate for those other networks.

3.9 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers or from corruption by virus and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to date or operations.

3.10 Customers applying for a "WNFree" Virtual Server will at all times be subject to system restrictions as detailed on our web site from time to time including specifically but not exclusively a limit of no more than 20MB of data storage space and no more than 5 domain names in the WNFree nameservers, unless otherwise stipulated on our web site or by email communication to the customer. "WNFree" Virtual Server includes 250Mb of bandwidth per month. Additional bandwidth usage will be charged at current published prices. "WNFree" Virtual Servers that show no system activity or data transfer for a period of 30 days will be subject to termination without notice. WN2000 reserves the right to terminate a "WNFree" Virtual Server for any reason by giving to you not less than 14 days prior written notice of termination. Applications from existing WN2000 customers for a "WNFree" Virtual Server will not be accepted.

3.11 Customers applying for a "WN100" Virtual Server, also known as the "Small Business Hosting" package, will be restricted to no more than 10MB of data storage space, unless otherwise stipulated on our web site or by email communication to the customer. "WN100" Virtual Server customers will only be permitted to host a single web site on a single "WN100" Virtual Server. "WN100" Virtual Server customers are permitted to add up to 5 different domain names in the WN2000 nameservers but these domain names must all point to the single website that is permitted on that "WN100" Virtual Server. "WN100" Virtual Server includes 1GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices. Customers upgrading from a "WNFree" Virtual Server will not be allowed to maintain use of their old "WNFree" Virtual Server once upgraded.

3.12 Customers applying for a "WN300" Virtual Server, or upgrading from a "WNFree" Virtual Server to a "WN300" Virtual Server, will be restricted to no more than 300MB of data storage space and no more than 300 domain names in the WN2000 nameservers, unless otherwise stipulated on our web site or by email communication to the customer. "WN300" Virtual Server includes 4GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices. Customers upgrading from a "WNFree" Virtual Server will not be allowed to maintain use of their old "WNFree" Virtual Server once upgraded.

3.13 Customers applying for a "WN750" Virtual Server, or upgrading from a "WNFree" Virtual Server or "WN300" Virtual Server to a "WN750" Virtual Server, will be restricted to no more than 750MB of data storage space and no more than 750 domain names in the WN2000 nameservers, unless otherwise stipulated on our web site or by email communication to the customer. "WN750" Virtual Server includes 10GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices. Customers upgrading from a "WNFree" Virtual Server will not be allowed to maintain use of their old "WNFree" Virtual Server once upgraded.

3.14 Customers applying for a "WN1000 (HR)" Virtual Server, or upgrading from a "WNFree" Virtual Server, "WN300" Virtual Server or "WN750" Virtual Server to a "WN1000 (HR)" Virtual Server, will be restricted to no more than 1GB of data storage space and no more than 1000 domain names in the WN2000 nameservers, unless otherwise stipulated on our web site or by email communication to the customer. "WN1000 (HR)" Virtual Server includes 10GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices.

3.15 Customers applying for a "WN2000 (HR)" Virtual Server, or upgrading from a "WNFree" Virtual Server, "WN300" Virtual Server, "WN750" Virtual Server or"WN1000 (HR)" Virtual Server to a "WN2000 (HR)" Virtual Server, will be restricted to no more than 2GB of data storage space and no more than 2000 domain names in the WN2000 nameservers, unless otherwise stipulated on our web site or by email communication to the customer. "WN2000 (HR)" Virtual Server includes 20GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices

3.16 Customers applying for a "WN10000 (HR)" Virtual Server, or upgrading from a "WNFree" Virtual Server, "WN300" Virtual Server, "WN750" Virtual Server, "WN1000 (HR)" Virtual Server or a "WN2000 (HR)" Virtual Server to a "WN10000 (HR)" Virtual Server, will be restricted to no more than 5GB of data storage space and no more than 5000 domain names in the WN2000 nameservers, unless otherwise stipulated on our web site or by email communication to the customer. "WN10000 (HR)" Virtual Server includes 50GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices.

3.17 Customers applying for a "WN10000 (HR)" Virtual Server, or upgrading from a "WNFree" Virtual Server, "WN300" Virtual Server, "WN750" Virtual Server, "WN1000 (HR)" Virtual Server, "WN2000 (HR)" Virtual Server or a "WN10000 (HR)" Virtual Server to a "WN10000 (HR)" Virtual Server, will be restricted to no more than 10GB of data storage space and no more than 10000 domain names in the WN2000 nameservers, unless otherwise stipulated on our web site or by email communication to the customer. "WN10000 (HR)" Virtual Server includes 100GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices.

3.18 Customers upgrading an existing Virtual Server will not be allowed to maintain use of that Virtual Server after the upgrading has been completed.

4. GENERAL RESELLING

4.1 If you are or become a reseller of our Services you will continue to be bound by these terms and conditions; you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these terms and conditions.

4.2 You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.

4.3 You may resell the WN2000 Service provided that you have paid our Charges and that you do so based on your own technical and legal responsibility and never sell bandwidth or speed of service greater than that of the Service you have contracted for with WN2000. Furthermore you must not purport or claim that the resale is a resale of the WN2000 Service. You will hold WN2000 indemnified against any claims from a party to whom you have resold and will ensure that your own terms and conditions in any resale contract include and comply with these terms and conditions. If WN2000 agrees any change in Service this Contract is to be treated as varied accordingly.

4.4 No default by your customers shall in any way affect, modify or limit your obligations under the Contract.

4.5 RESELLER SCHEME AGREEMENT (RSA)

4.5.1 Commencement
Customers wishing to join the Reseller Scheme will be required to sign the Reseller Scheme Agreement (RSA). Commencement of the RSA will be deemed to begin on the 15th July 2002 or as dated on the Agreement, whichever date is the later. The RSA and Reseller status will only be applied to that one account. Customers with multiple accounts will not have Reseller status, discounts or any other feature or benefit applied to their other accounts unless a separate RSA is signed for each of those accounts.

4.5.2 “Loyalty Deposit”

4.5.2.1 Upon commencement you will be required to pay the sum of £500 as a “Loyalty Deposit” which will be applied back to your account in the form of credits, over time, once sufficient account activity has been witnessed and the Reseller “Spend Thresholds” have been passed, as detailed in 4.5.4

4.5.2.2 If this agreement is terminated by either party before Level 6 (as detailed in 4.5.4) has been reached you will forfeit any remaining deposit held by us and it will not be returned to you.

4.5.2.3 “Reseller Spend” calculation begins upon commencement and is calculated as the total value of orders invoiced since commencement at standard, non-discounted, published rates, net of VAT.

4.5.2.4 Current clients who have placed orders to a total value above £5000 (net of VAT) are pre-approved and need not pay the £500 “Loyalty Deposit” to join the Scheme. They may join the Scheme at Level 6 (as detailed in 4.5.4). Joining is not automatic and pre-approved clients must still apply and sign the RSA.

4.5.2.5 Current clients signing the RSA who have not placed orders to a total value above £5000 (net of VAT) may not enter the scheme at any level other than Level 1 (as detailed in 4.5.4) and must pay the full £500 “Loyalty Deposit”.

4.5.3 Discounts and Pricing

4.5.3.1 Old orders placed before signing the RSA will not have the discount applied, backdated, but the discount will be applied to products/services upon renewal date.

4.5.3.2 Discounts are applied as above to all hosting options other than bespoke dedicated, managed, co-located or high-end solutions, which will be priced accordingly.

4.5.3.3 Discounts are applied as shown in 4.5.4 to the following services;
a) Multiple Telnet Logins
b) Extra IP Address
c) Unique Nameserver Address
d) Server Management Service
e) Virtual Server Backup Service
f) UK Domain Renewals

4.5.3.4 Discounts are not applied to any other additional services, including specifically but not exclusively;
a) Domain registrations, including specifically but not exclusively uk and gTLD registrations
b) All resold products and services, including specifically but not exclusively Geotrust Certificates, “Shop Function” and “Shop@assistant”
c) All affiliated services, including specifically but not exclusively WorldPay and amazon.co.uk

4.5.4 Reseller Scheme Table of Spend Thresholds, Discounts and Deposits

Reseller Level

Spend Threshold

Discount applied

Deposit returned

1

Less than £1000

5%

£0

2

More than £1000 + less than £2000

10%

£100

3

More than £2000 + less than £3000

15%

£100

4

More than £3000 + less than £4000

20%

£100

5

More than £4000 + less than £5000

25%

£100

6

More than £5000

30%

£100

All figures are net of VAT.

4.5.5 Credit Account
Upon commencement of the Reseller Scheme Agreement your account will operate on a 30 day credit basis. All purchases made on that account need not be paid for until 30 days after the date of the order. The relevant discount will be applied at the end of the calendar month as a one off discount (credit), applied to the balance of all purchases made by the reseller in accordance with 4.5.4.

4.5.6 0871 telephone support line

4.5.6.1 Clients who have signed the RSA will be provided with details of the free support line upon commencement. This number will not to be published openly to all clients. Any clients who have not signed the RSA who call for support on this number will be instructed that they must hang up and call the standard published support line number.

4.5.6.2 Resellers will still be encouraged to use the ITS as usual for better issue tracking and improved service.

4.5.6.3 Telephone support will not be given to customers of Resellers.

4.5.7 Dedicated Account Manager
Upon commencement you will be assigned to an individual Reseller Account Manager who will act as your point of contact at WebNet2000Ltd. Should your Account Manager be unavailable when you contact us, your enquiry will be dealt with by an alternative Reseller Account Manager.

4.5.8 Pooled Bandwidth Quotas

4.5.8.1 Upon commencement your bandwidth allowances for all virtual servers within that account will be accumulated as a “pooled quota” for the account. You will not be charged for bandwidth use unless it exceeds this total “pooled quota”. Charges over this “pooled quota” will not have any discounts applied.

4.5.8.2 Reseller Clients may still be instructed to upgrade a virtual server that is affecting system resources and degrading service for other clients, in accordance with these Terms.

4.5.9 Mini-ControlCentre
Development of this feature is scheduled to be complete by 15th August 2002. This completion date may be subject to change without notice. Upon completion of this feature, all clients who have signed the RSA will have access to this service for their Reseller account at no additional charge.

5. WN2000 SERVICE

5.1 Connection to the WN2000 Service is via a fixed telecommunications link or dial up connection. This Contract, unless specifically stated on the Order Form, does not include the provision of telecommunications services necessary for connection to the WN2000 Service.

5.2 Requests relating to the provision of Service are, unless otherwise agreed to be made or confirmed in writing or by electronic mail.

5.3 WN2000 will use all reasonable endeavours to adhere to any dates proposed by either WN2000 or you for the provision of Service; however any such date is to be treated as an estimate only and WN2000 accepts no liability for failure to meet such dates.

5.4 WN2000 will use all reasonable endeavours to provide reliable Service; however, it is not practicable to provide Service free of faults and WN2000 does not undertake to do so. In the event of a fault in Service, you must report the fault by telephone telefax or electronic mail to WN2000's Technical Support at the appropriate numbers or addresses or other such numbers or addresses that WN2000 may from time to time provide. Upon receipt of the fault report, WN2000 will take all proper steps without undue delay to correct the fault. WN2000 shall not, in any event, be liable for interruptions of Service or downtime of a Server.

5.5 WN2000 may:

5.5.1 temporarily suspend for the purpose of repair, maintenance or improvement, part or all of Service, without notice. WN2000 undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension,

5.5.2 give or update instructions regarding the use of Service which in WN2000's reasonable opinion are necessary in the interests of safety, or to maintain or improve the quality of Service to WN2000's customers. Any such instructions shall, whilst they are in force, be deemed to form part of this Contract,

5.5.3 vary the technical specification of Service for operational reasons. The exact technical specification of every WN2000 Virtual Server at the time of enquiry can be found on our website at http://www.webnet2000.net.

5.6 WN2000 Service Level Agreement for "WN1000 (HR)" Virtual Server, "WN2000 (HR) (HR)" Virtual Server, "WN10000 (HR)" Virtual Server and "WN10000 (HR)" Virtual Server:

5.6.1 Service Availability - WN2000's Service Level Agreement (SLA) is to have the Virtual Servers with the suffix "HR" or "(HR)" located at Telecity available 99.5% of the time.

5.6.2 Service Level Agreement - At the Customer's request, WN2000 will calculate the Customer's "Service Unavailability" in a calendar month. "Service Unavailability" consists of the number of minutes that the WN2000 Virtual Server with the suffix "HR" or "(HR)" located at Telecity was not available to the Customer in excess of the 0.5% permitted unavailability, and includes unavailability associated with any maintenance at any WN2000 node other than Scheduled Maintenance. Outages will be counted as Service Unavailability only if the Customer reports an outage on the Technical Information Tracking System (ITS) through the Customer' s ControlCentre at support.webnet2000.net or by fax or email within five days of the outage. Service Unavailability will not include Scheduled Maintenance, unavailability of individual Services (such as email, webserver or other user-configurable application) or any unavailability resulting from (a) the Customer's applications, equipment, or facilities, (b) acts or omissions of the Customer, or any use or user of the Service authorized by the Customer or (c) reasons of Force Majeure or other circumstances beyond WN2000's reasonable control (as defined in clause 13 of these terms).

5.6.3 Compensation - For each complete hour of Service Unavailability, in excess of the 0.5% permitted unavailability, in any calendar month, at the Customer's request the Customer's account shall be credited for the pro-rated charges for one day of the WN2000 Monthly Fee for the Service with respect to which this SLA has not been met.

5.6.4 Scheduled Maintenance - "Scheduled Maintenance" shall mean any maintenance at any WN2000 node of which the Customer is notified 48 hours in advance, and maintenance that is performed during a standard maintenance window on Tuesdays from 2 AM to 6 AM local time on any WN2000 node. Notice of Scheduled Maintenance will be provided on the Customer's ControlCentre at support.webnet2000.net or by email directly to the recorded email address for the Customer.

5.6.5 The Customer is solely responsible for providing WN2000 with accurate and current contact information for the Customer's designated points of contact. WN2000 will be relieved of its obligations in this agreement if WN2000's contact information for the Customer is out of date or inaccurate due to the Customer's action or omission or if WN2000's failure is due to reasons of Force Majeure or other circumstances beyond WN2000's reasonable control (as defined in clause 13 of these terms).

6. COMMENCEMENT and INITIAL PERIOD OF SERVICE

The Service shall be for an initial period as specified on the Order Form (where completed). The Service, unless otherwise agreed on the Order Form (where completed), shall be provided for an Initial Contract Term of twelve months. The Initial Contract Term shall commence upon connection. Connection shall be deemed to be effected when the link is first live to the your Site or other such point as requested by you, to the WN2000 network.

7. BANDWIDTH UTILISATION

If the bandwidth or speed of Service used by you exceeds agreed quotas in a one month minimum period an excess charge will be payable by you at current published prices.

8. CONTENT and MISUSE

8.1 You will use all reasonable endeavours to ensure that the WN2000 Service is used or includes content that conforms to the laws of this country and will not knowingly permit any illegal use or such use that will bring WN2000 into disrepute.

8.2 You must not, nor must any other person, use the Service: to send or receive any material which is offensive, abusive, indecent, obscene, pornographic or menacing, or in breach of confidence, copyright, privacy or any other rights, to cause annoyance, inconvenience or needless anxiety, or in breach of any provisions as contained within clauses 3 and 4 of this Contract, or other than in conformance with the acceptable use policies of any connected networks and the Internet standards.

8.3 WN2000 may discontinue Service immediately if the User is found to have carried out or permitted any illegal or use that is prohibited by these terms. If WN2000 suspends Service for contravention of the above conditions of this clause, WN2000 can refuse to restore Service until it receives an acceptable assurance from the User that there will be no further contravention.

9. CHARGES and PAYMENT

9.1 All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.

9.2 All Charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site or on the Order Form (where completed) and shall be due and payable in advance of our Service provision. Charges are exclusive of 'Value Added Tax' which shall, if applicable, be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice.

9.3 You acknowledge that our Services are provided using facilities provided to us by third parties; WN2000 shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the Initial Contract Term or any Extension Term, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate the Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date the Contract ends.

9.4 All charges unless otherwise agreed are payable in advance. Unless otherwise specified and agreed, set-up and installation charges are payable on order. WN2000 agrees to be party to this Contract upon WN2000's acceptance of cleared funds covering first invoice or the first payment under the Order Form (where completed). Recurring charges are payable on connection as defined in subclause 5.1 of this agreement and thereafter on or before the same day (the due date) of all subsequent months during the Initial Contract Term or any Extension Term. If payment is not received on or before the due date WN2000 reserves the right to immediately withdraw, suspend or limit Service and will charge the User interest at the rate of 3% of the amount overdue per month.

9.5 All new "WN300" Virtual Server clients have the right to terminate this Contract by giving written notice of termination, by post or by e-mail, within 30 days after the date on which Service is first provided. In this event WN2000 will refund all monies paid for the 1st year's Service but all charges for additional Services provided within this period are non-refundable.

9.6 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. If such a suspension is imposed, you will be liable for a "reconnection" charge of £25.

9.7 If suspension of service occurs for any reason you will be liable for a "reconnection" charge of £25.

10. DEFAULT

10.1 If you do not pay the charges in accordance with the provisions of clause 9 of this Contract, or break this Contract in any other way, or are subject to bankruptcy or insolvency proceedings WN2000 can (without prejudicing, losing or reducing any other right or remedy) suspend Service, wholly or partially, without notice (but the User remains liable during the suspension to pay charges for Service), or terminate this Contract by immediate notice, without prejudice to WN2000's pre-existing rights.

10.2 Bankruptcy or insolvency proceeding means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed.

10.3 You continue to be liable to pay all charges which are due for Service during any period in which you do not comply with this Contract.

10.4 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Virtual Server and to remove all data located on it. We shall be entitled to delete all such data but we may at our discretion hold such data for such period as we may decide, to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Virtual Server as we think fit.

10.5 For so long as any sum due to WN2000 hereunder is unpaid or any other amount is due to or properly claimed by WN2000 from you for services or goods supplied or for any other reason, whether pursuant to these terms or otherwise, WN2000 shall be entitled to retain any property owned by you or lawfully in your custody or possession and which is held by WN2000 or by its agents until such time as all amounts due to WN2000 are paid and/or any issue between you and WN2000 is determined.

10.6 If WN2000 waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by WN2000 in acting upon a breach is not to be regarded in itself as a waiver.

11. TERMINATION OF SERVICE

11.1 Service may be terminated by either party on giving at least 30 days notice to the other expiring on the last day of the Initial Contract Term or at any time thereafter. If WN2000 gives notice you shall pay all charges up to the expiry of the notice. If you give notice, you shall pay all charges as provided in subclause

11.2 WN2000 reserves the right during the Initial Contract Term and at any time thereafter to terminate this Contract by giving to you not less than 30 days prior written notice of termination.

11.3 After the expiry of the Initial Contract Term you may terminate the Service by giving not less than 30 days prior written notice of termination, but subject to subclause 11.4.

11.4. Your notice does not avoid any other liability for Service already provided.

11.5 The Contract is a yearly contract and if you continue Service beyond your Initial Contract Term you will be liable to pay for the remainder of the then current Extension Term even though Service ends before the end of the Extension Term.

12. NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or the Order Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

13. MATTERS BEYOND WN2000'S REASONABLE CONTROL

WN2000 is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.

14. LIABILITY

14.1 You acknowledge that WN2000 has no control over the information transmitted via the Service and that WN2000 does not examine the use to which you put the Service or the nature of the information you are sending or receiving. WN2000 hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.

14.2 WN2000 undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.

14.3 WN2000 is not in any way liable in contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.

14.4 WN2000 makes no warranty as regards to its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and Service interruptions.

14.5 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 14.6.

14.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

14.7 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

14.8 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

15. INDEMNITY

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

16. INTELLECTUAL PROPERTY RIGHTS

You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

17. ASSIGNMENT

You may assign all or part of this Contract to any other party only with the prior written agreement of WN2000. WN2000 reserves the right to assign all or part of this Contract at any time to any subsidiary or associate company of WN2000.

18. LAW

This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

19. HEADINGS

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

20. ENTIRE AGREEMENT

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

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