You indicate acceptance of these terms and conditions by using the METATEMPUS™ website and/or placing an order with METATEMPUS™. These terms and conditions will not be varied for individual clients.
0 METATEMPUS™ WEBSITE
0.1 METATEMPUS™ is using cookies on its website(s).
0.2 METATEMPUS™ including, but not limited to, its members are not liable for any damage related to the use of this site or external sites linked to from here. All contents are subject to change. We will always do our best to keep all contents correct and up-to-date however, cannot guarantee this.
0.3 We are not responsible for the contents of external websites linked to from METATEMPUS™ or linking to METATEMPUS™.
1.1 In this agreement the following words and expressions shall have the following meanings:
1.1.1 “Downtime” means any service interruption in the availability to visitors of the website;
1.1.2 “Intellectual property rights” means patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registerable or not in any country;
1.1.3 “IP address” stands for internet protocol address which is the numeric address for the server;
1.1.4 “ISP” stands for internet service provider;
1.1.5 “Server” means the computer server equipment operated in connection with the provision of the services;
1.1.6 “The services” means web hosting, domain name registration, email and any other services or facilities provided by METATEMPUS™.
1.1.7 “Spam” means sending unsolicited and/or bulk emails;
1.1.8 “Virus” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “Trojan horses”;
1.1.9 “Visitor” means a third party who has accessed the website;
1.2 Product specifications and details will be supplied on request.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this agreement.
2.1 The client wishes to provide METATEMPUS™ with data that will be hosted on METATEMPUS™ servers and made accessible via the Internet.
2.2 METATEMPUS™ provides web hosting services and has agreed to host the client’s data upon the following terms and conditions.
3.1 METATEMPUS™ shall provide to the client the services specified in their order subject to the following terms and conditions.
3.2 The client shall deliver to METATEMPUS™ the website and the software used in the website which is owned by the client, or licensed to him by a third party or METATEMPUS™ (“the client software), in a format specified by METATEMPUS™.
4 CHARGES, PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include PayPal as well as card payments offered through the PayPal gateway.
4.2 METATEMPUS™ do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in 4.1
4.3 The charges are exclusive of VAT, which if payable shall be paid by the client.
4.4 METATEMPUS™ shall be entitled to charge interest in respect of late payment of any sum due under this agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 METATEMPUS™ do not provide credit facilities.
4.6 From time to time METATEMPUS™ may make enquiries on the client’s company, proprietor or directors of the client’s company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 METATEMPUS™ provide “Money-Back Guarantees” on certain products. Should your product qualify for this guarantee please raise a support ticket at http://metatempus.com/contact-us/ within 30 days of placing your order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered. Clients are limited to using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
4.9 Should your chosen payment method fail, METATEMPUS™ will attempt to settle your invoice using any other payment facilities available on your account.
4.10 All services will renew until cancelled by the client. METATEMPUS™ emails the clients primary email address prior to renewal of services. It is the client’s responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Clients must notify METATEMPUS™ at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
5 IP ADDRESSES
5.1 METATEMPUS™ shall maintain control and ownership of the IP address that is assigned to the client as part of the cervices and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where METATEMPUS™ changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the client.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the client requires use of software owned by or licensed to METATEMPUS™ (“METATEMPUS™ software”) in order to use the services, METATEMPUS™ grants to the client and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use METATEMPUS™ software in object code form only, in accordance with the terms of this agreement. For the avoidance of doubt, this agreement does not transfer or grant to the client any right, title, interest or intellectual property rights in METATEMPUS™ software.
6.2 In relation to METATEMPUS™’s obligations under this agreement in connection with the provision of the services, the client grants to METATEMPUS™ a royalty-free, world-wide, non-exclusive licence to use the client Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website (“the content”). For the avoidance of doubt, this agreement does not transfer or grant to METATEMPUS™ any right, title, interest or intellectual property rights in the client software or the content.
6.3 The Client undertakes that he will not himself or through any third party, sell, lease, license or sublicense METATEMPUS™ Software.
6.4 METATEMPUS™ may make such copies of the client content as may be necessary to perform its obligations under this agreement, including back-up copies of the content. Upon termination or expiration of this agreement, METATEMPUS™ shall destroy all such copies of the content and other materials provided by the client as and when requested by the client.
7 SERVICE LEVELS AND DATA BACKUP
7.1 METATEMPUS™ shall use its reasonable endeavours to make the server and the services available to the Client 100% of the time but because the services are provided by means of computer and telecommunications systems, METATEMPUS™ makes no warranties or representations that the service will be uninterrupted or error-free and METATEMPUS™ shall not, in any event, be liable for interruptions of service or downtime of the server.
7.2 METATEMPUS™ carries out data backups for use by METATEMPUS™ in the event of systems failure. METATEMPUS™ do not provide data restoration facilities for individual clients. Even though every effort is made to ensure data is backed up correctly METATEMPUS™ accepts no responsibility for data loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 The website and the services may be used for lawful purposes only and the client may not submit, publish or display any content that breaches any law, statute or regulation. In particular the client agrees not to:
8.1.1 use the services or the website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the services or on the website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the services or via the website;
8.1.6 make available or upload files to the website or to the services that the client knows contain a virus, worm, Trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of METATEMPUS™’s network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Client has full responsibility for the content of the website. For the avoidance of doubt, METATEMPUS™ is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the services.
8.3 If the client fails to comply with the Acceptable Use Policy outlined in Clause 8.1 METATEMPUS™ shall be entitled to withdraw the services and terminate the client’s account without notice.
9 ALTERATIONS AND UPDATES
Unless otherwise agreed in writing, including email, all alterations and updates to the website shall be made by the client using the online account management facility, FTP access or SSH access where available. Where applicable, the client will be issued with a user name and password in order to access the account. The client must take all reasonable steps to maintain the confidentiality of this user name and password. If the client reasonably believes that this information has become known to any unauthorised person, the client agrees to immediately inform METATEMPUS™ and the password will be changed.
10.1 The client warrants and represents to METATEMPUS™ that METATEMPUS™’s use of the content or the client software in accordance with this agreement will not infringe the intellectual property rights of any third party and that the client has the authority to license the content and the client software to METATEMPUS™ as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, METATEMPUS™ shall not be liable to the client as a result of any viruses introduced or passed on to the client.
The client agrees to indemnify and hold METATEMPUS™ and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against METATEMPUS™ arising out of any breach by the client of the terms of this agreement or other liabilities arising out of or relating to the website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit METATEMPUS™’s liability for death or personal injury resulting from METATEMPUS™’s negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of METATEMPUS™ to the client in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this agreement in respect of which the breach has arisen.
12.3 In no event shall METATEMPUS™ be liable to the client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or METATEMPUS™ had been made aware of the possibility of the client incurring such a loss.
13 TERM AND TERMINATION
13.1 This agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the agreement.
13.2 METATEMPUS™ shall have the right to terminate this agreement with immediate effect by notice in writing to the client if the client fails to make any payment when it becomes due.
13.3 Either party may terminate this agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this agreement as at the date of termination.
13.5 On termination all data held in the clients account will be deleted.
14.1 METATEMPUS™ may assign or otherwise transfer this agreement at any time.
14.2 The client may not assign or otherwise transfer this agreement or any part of it without METATEMPUS™’s prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
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 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 2 days following the date of posting.
18 ENTIRE AGREEMENT
This agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20 DOMAIN NAMES
20.1 Where the services include domain registration and renewal service:
20.1.1 METATEMPUS™ will endeavour to procure the registration of the domain name you request;
20.1.2 METATEMPUS™ will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name;
20.1.3 METATEMPUS™ shall not act as your agent or on your behalf in any dealings with domain name registry;
20.1.4 The registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should obtain and consider;
20.1.5 You are responsible for ensuring that you are aware of the terms referred to in clause 20.1.4 so that you can comply with them;
20.1.6 The domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “Whois” database of the top level domain name registrar;
20.1.7 METATEMPUS™ shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement; and
20.1.8 You confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
20.2 You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the hosting service supplied to you is used.
20.3 Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. METATEMPUS™ will send you renewal notices thirty (30) days and seven (7) days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service.
20.4 You acknowledge and agree that METATEMPUS™ may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you. The locks that METATEMPUS™ may place on a domain include ‘clientDeleteProhibited’, ‘clientTransferProhibited’ and ‘clientUpdateProhibited’.
METATEMPUS™ is not responsible for client programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23 DATA TRANSFER
23.1 Web hosting accounts may include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or CGI scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other clients we will discuss with you alternative solutions for your hosting requirements.
25 WEBSPACE USAGE
Unlimited web space is available for genuine web site content. Content must be linked into web pages. Clients are prohibited from using the server as a file/backup repository. Clients are expected to employ good housekeeping when maintaining their account.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.