These are the terms and conditions of service for all services provided by nex-gen.net. When you sign up for a service from us, you agree to be bound by these terms. They are here to protect you and us, and to help us provide a cost-effective, high quality service.
1. DEFINITIONS
For the purposes of this document, the following definitions are made:
"nex-gen.net", "The Company", "Us", "Our"
and "We" refers to nex-gen.net ;
"Client", "Customer", "You" and "Your"
refers to the person(s), organisation or company requesting services from
nex-gen.net ;
"Account" refers to the service provided to you by nex-gen.net ;
"Services" refers to any service provided to you by nex-gen.net.
2. ACCEPTANCE OF TERMS
The Customer must accept and abide to the terms and conditions set out in
this document in order for services to be provided by nex-gen.net . Should
any of the terms herein be breached, the provision of services may be terminated
without prior notice. nex-gen.net reserves the right to change these terms
and conditions with 30 days notice to the customer.
3. SECURITY & ACCESS
You are responsible for the security and proper use of all usernames, passwords
and other account information and must take all necessary steps to ensure
that they are kept confidential, used properly and not disclosed to unauthorised
people. You must inform us immediately if you have any reason to believe that
any username, password or other piece of account information has become known
to someone not authorised to use it, or if any username, password or other
piece of account information is being, or is likely to be used, in an unauthorised
way or of any other breach of security. We are not liable for any loss of
confidentiality or for any damages arising from your failure to comply with
these terms. You will be entirely liable for all activities conducted and
charges incurred under your access to our services whether authorised by you
or not.
You must act legally and responsibly when accessing any servers or services
provided by nex-gen.net. You must not attempt to read, write, execute, or
access in any way, files on our servers which do not belong to you. You must
not attempt to gain greater access to our servers than which you have been
granted. You must not use the Services provided by nex-gen.net to attempt
to gain unauthorised access or use of any other system or network. Such an
attempt would be a criminal act under section one of the Computer Misuse Act
of 1990.
4. SERVICES
The services shall be provided as described within the nex-gen.net group of
websites (www.nex-gen.net) at the price stated on the nex-gen.net group of
websites. We reserve the right at any time to amend, improve, correct, discontinue,
temporarily or permanently, the services (or any part thereof) with or without
notice and you agree that nex-gen.net shall not be liable to you or to any
third party for any such modification, suspension or discontinuance. We reserve
the right to change our prices with 30 days notice to the Client.
5. TERM AND RENEWAL OF CONTRACTS
i)Annual Contracts. The term of contract for annual contracts is 12 months
from the date on which services are first made available (domain names / hosting and software ) to the Client, and
this date shall not be before full payment has been made for the services.
If the Client wishes to renew the contract, the annual fee must be paid in
full 30 days before the end of the current term of the contract. The contract
will then be extended by 12 months upon receipt of payment. If the Client
does not wish to renew, the term of contract will expire and services shall
cease to be provided.
ii) Monthly Contracts. The term of contract for monthly contracts is one calendar
month from the date on which services are first made available (domain names / hosting and software) to the Client.
If the Client wishes to continue the contract the first month, the monthly
fee must be paid in full on the corresponding date. The contract will then
be extended by one calendar month upon receipt of payment. If the Client does
not wish to renew, the Client must give notice of this intention at the time
of their final monthly payment.
iii) Four Weekly Contracts. The term of contract for four weekly contracts
is four weeks (28 days) from the date on which services are first made available (domain names / hosting and software )
to the Client. If the Client wishes to continue the contract the first month,
the monthly fee must be paid in full on the corresponding date. The contract
will then be extended by one calendar month upon receipt of payment. If the
Client does not wish to renew, the Client must give notice of this intention
at the time of their final monthly payment.
6. CANCELLATION & REFUNDS
You may cancel your account at any time and have your domain name transferred
to another provider within 30 days of notice (not applicable to monthly / four weekly contracts) of your wish to cancel. All payments
made to the Company should be considered final; due to the nature of the service
and the cost of providing this service, refunds will not always be possible
and can only be made at the Company's discretion in exceptional circumstances.
7. DOMAIN NAMES
The Client acknowledges that whilst nex-gen.net shall use its reasonable endeavours
to successfully register the requested domain name, nex-gen.net shall not
be obliged to accept any request to register or continue to process any registration
of a domain name. nex-gen.net makes no representations or warranties (expressed
or implied) of any kind (and they are expressly disclaimed) with respect to
availability or likelihood of successful registration of any domain name.
The Client shall at all times comply with the terms and conditions for the
registration of domain names published by the relevant naming authority. UK
domain names are subject to Nominet's Terms & Conditions .
8. UNSOLICITED BULK/COMMERCIAL E-MAIL (SPAM)
nex-gen.net operates a zero tolerance policy on the use of its service for
the sending, receiving or promoting of unsolicited bulk/commercial e-mail
(spam). This policy extends to the use of unsolicited bulk/commercial e-mail
(spam) to advertise your Website, even if the spam was not sent through our
systems. Any such use will result in the immediate termination of all services
to the Customer, and the Customer will be responsible for any costs incurred
by nex-gen.net as a result of such use.
9. OBLIGATIONS OF THE CLIENT
i) You must immediately notify nex-gen.net if you become aware of any unauthorised
use of any or all of the services provided to you.
ii) YOUR USE OF THE SERVICES MUST COMPLY COMPLETELY WITH ENGLISH AND INTERNATIONAL
LAW AND REGULATION. You must not use the services for any unlawful purpose
or for the publication, issue, display or linking to of any unlawful material,
which shall include without limit any material which is obscene, pornographic,
threatening, malicious, abusive, harmful, fraudulent, defamatory or which
breaches the rights (including without limit intellectual property rights
and copyrights) of any third party or which encourages criminal acts.
iii) IRC servers, bots, IRC services or clients, peer-to-peer services, file
sharing services or clients, or any other services or deamons are not permitted
to be run on nex-gen.net servers.
iv) You must notify nex-gen.net promptly of any change to your correspondence
address or other customer details. nex-gen.net shall not be liable for any
costs, damages or loss which the Client may suffer or incur as a result of
loss of services caused by a failure to notify nex-gen.net of such changes.
v) YOU MUST BACK UP ALL OF YOUR DATA THAT IS HOSTED BY nex-gen.net. nex-gen.net
is not responsible for backing up any customer data or configuration.
10. INDEMNITY & DISCLAIMER
The Client agrees to fully indemnify and keep nex-gen.net, its subsidiaries,
affiliates, officers, partners, employees and agents fully indemnified from
and against all actions, demands, costs (on a fully indemnity basis), losses,
penalties, damages, liability, claims and expenses (including but not limited
to legal fees) whatsoever arising from your breach of the Contract, your use
or misuse of the Services, any claims by third parties as to ownership or
other rights to use a domain name, or arising in any way by the Client infringing
(whether innocently or knowingly) third party rights (including without limit
intellectual property rights and copyrights).
To the fullest extent permitted by law the services provided by nex-gen.net
are provided on an "as is" and "as available" basis and
no representations or warranties (expressed or implied) of any kind are made
(and they are expressly disclaimed) with respect to the services including,
without limit, warranties of merchantability and fitness for a particular
purpose.
Neither nex-gen.net nor anyone else who has been involved in the creation,
production or supply of the Services shall be liable to the Client or any
other person for any loss in contract, tort (including negligence or breach
of statutory duty) or otherwise howsoever and whatever the cause thereof by
reason of or in connection with the Contract or the Services for any:
(i)economic loss of any kind whatsoever, or
(ii)loss of profit, business contracts, revenues or anticipated savings, or
(iii)damage to the Client's reputation or goodwill, or
(iv)loss resulting from any claim made by any third party, or
(v)special, indirect or consequential loss or damage of any nature whatsoever,
and the Client shall indemnify nex-gen.net from and against any claim which
may be made against nex-gen.net in respect thereof.
If nex-gen.net is prevented or delayed in or from providing any Services due
to circumstances beyond its control such as but not limited to governmental
acts, war, riots, protests, strikes or trade disputes (including by and with
our own employees), technical failure, network unavailability, general availability
of the Internet, power failure, communications failure, weather, flood, fire
or explosion, natural or local emergency nex-gen.net shall not be liable for
this.
11. BANDWITH & DISK SPACE
All Openshop packages are provided with 200 Megabytes of disk space and 5 Gigabytes
of data transfer per month. Excess bandwith is charged at 2p per Megabyte unless
pre-purchased which is set currently at :
5 Gigabytes : £60 per year
10 Gigabytes : £120 per year
12. PRIVACY
The information you provide to us will be stored on computer. We are committed
to protecting your privacy. We will never pass on, sell, or otherwise disclose
your information to any third party.
13. TERMINATION
Provision of services may be terminated or suspended immediately and indefinitely
without notice by nex-gen.net if the Client fails to pay any sums due by the
date that they are due, or if at the sole discretion of nex-gen.net the Client
fails to abide by the terms and conditions in this document.