GENERAL TERMS PART ONE

1. broadlandWEB Limited reserves the right to refuse service and /or access to its servers to anyone.

2. We do not allow Adult, Warez, illegal MP3 Sites or IRC Bots.

3. You may not store more data in your account than your allotted server space.

4. Your e-mail or e-commerce log-in and FTP access details are for your personal use only. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.

5. Data stored on our servers is not guaranteed to be backed up.

6. When your account is closed, all files (including web pages, etc.) will be deleted.

7. We reserve the right to cancel your account at any time without notice.

8. Each web site (domain name) includes a nominated (and generous) amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at a rate of 5p (five pence) per 1 MB. If your bandwidth reaches the points where it has an adverse affect on other clients we reserve the right to disable your site until you can reduce your bandwidth usage.

GENERAL TERMS PART TWO

1. Telnet shell accounts are made available for editing and setting up some web sites. It is not a development platform for issues unrelated to your web site. You must not leave you home directory at any time. You must not attempt to gain the privileges of another user. Interfering with the following files will result in your telnet access being removed - .bash_history - .bash_logout - .bash_profile - .bashrc.

2. To protect your privacy we never distribute your name or e-mail address to any third parties.

3. Users must not participate in any form of un-solicited bulk e-mailing or spam.

4. The Virtual Control Panel (only on some web sites) is a trademark/copyright of WebFusion Internet Solutions. Any attempt to use the Virtual Control Panel(tm) for purposes other than it's intended use will result in your account being terminated. Any attempt to obtain the source code and internal functionality of the Virtual Control Panel(tm) will result in legal action. You may not run server processes (eg. talkers/IRC Bots) from your virtual server.

5. Commercial use of web and ftp space is permitted.

6. We reserve the right to amend and update these Terms and Conditions at any time without notice.

PAYMENT POLICIES

1. All accounts are set up on a prepay basis. Although broadlandWEB Limited reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment.

2. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given IN TERMS OF CLAUSE 2 below, (Payments and Refunds)

3. In situations where payment is not received by the anniversary date, broadlandWEB Limited may immediately suspend the web site until the outstanding payment is made.

4. In addition, broadlandWEB Limited reserves the right to suspend other services until the outstanding debt is cleared.

5. In addition, broadlandWEB Limited reserves the right to lease the domain name to a third party where payment is not made in full within 28 days of your account being deactivated and your web site closed down.

6. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

7. If your account/service is activated before payment is made then payment must be sent in full by return. If payment is not made in full within 28 days your account may be deactivated and your web site closed down.

CANCELLATION AND REFUNDS

1. broadlandWEB Limited reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes broadlandWEB Limited's terms of service a refund will not be issued in the event of a cancellation.

2. Customers wishing to terminate their web site contract with us, may do so at any time, but should note that the last day for cancellation (in writing) is the 10th working day before renewal date. After that date, full charges apply for the coming 12 months. See 5 below.

3. Fees charged on a prepay basis are non-refundable.

4. Customers are not entitled to receive a refund unless the service is cancelled by broadlandWEB Limited. In addition some accounts incur set-up fees, these charges are also non-refundable.

5. If you take out one of our packages we expect you to commit for twelve months. If you cancel your account within your service period then broadlandWEB Limited will not make any refunds on any unused portions of your account.

6. While we do not offer refunds you have no obligation to continue using our service.

7. Miva Merchant is a software package bundled with broadlandWEB e-commerce accounts. Once you have committed to Miva Merchant you accept that we will be unable to refund you for any portion of this software.

INDEMNIFICATION

1. Customer agrees that it shall defend, indemnify, save and hold broadlandWEB Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against broadlandWEB Limited, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless broadlandWEB Limited against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with broadlandWEB Limited' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from broadlandWEB Limited' server.

DISCLAIMER

1. broadlandWEB Limited will not be responsible for any damages your business may suffer. broadlandWEB Limited makes no warranties of any kind, expressed or implied for services we provide. broadlandWEB Limited disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by broadlandWEB Limited and its employees. broadlandWEB Limited reserves the right to revise its policies at any time.

ACCEPTANCE

By accepting your annual invoice you indicate your acceptance of these Terms and Conditions.

Copyright 1st December 2001 broadlandWEB Limited
and as amended 1st December 2004