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Terms and Conditions

Welcome to our website.

If you continue to browse and use this website you are forming an Agreement to comply with and be bound by the following terms and conditions of use. These terms and conditions, together with our Privacy Policy, govern our relationship with you in the running of our business and this website. You agree to abide by these terms and conditions by placing an order with NOS Web Services. These terms and conditions will not be varied for individual customers. The term "us" or "we" or "our" refers to the owner(s) of the website whose registered business name is North of Scotland Web Services or NOS Web Services.  The term "you" or “your” refers to the user or viewer of this website.

DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "Downtime" means any Service(s) interruption in the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks, 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 registered or not in any country;
1.1.3 "NOS Web Services" means North of Scotland Web Services
1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for Internet Service Provider;
1.1.6 "server" means the computer server equipment operated by NOS Web Services in connection
with the provision of the Services;
1.1.7 "Services" means web hosting, domain name registration, email and any other services or
facilities provided by NOS .
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "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";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at URL – http://www.noswebservices.co.uk
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 INTRODUCTION
2.1 NOS Web Services provides web hosting services and has agreed to host your data according to
our terms and conditions.
2.2 All information and data you provide to NOS Web Services will be hosted on NOS Web Services’
servers and made accessible via the Internet.
2.3 Our Privacy Policy forms part of these terms and conditions, and must be agreed to if you wish to
use our Service(s).

3 DUTIES
3.1 NOS Web Services shall provide to you the Services, as agreed in your signed Agreement. All
contracts issued are subject to these terms and conditions.
3.2 You shall deliver to NOS Web Services all data and information for use in your website, which is
owned by you or licensed to you by a third party, in a format as specified by NOS Web Services.

4 CHARGES, PAYMENTS, CANCELLATIONS AND REFUNDS
4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including
Switch/Maestro) and direct debits. NOS Web Services will also accept cheques, bank transfers,
postal orders, cash or any other form of payment by prior agreement.
4.2 Cheques may be subject to bank processing or clearance charges, which will be payable by you.
4.3 All charges and prices, as advertised, are exclusive of VAT, which if payable shall be paid by
you.
4.4 NOS Web Services 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 NOS Web Services do not provide credit facilities.
4.6 From time to time NOS Web Services may make enquiries on you, your business, company,
proprietor or directors with credit reference agencies. These agencies may record that a search
has been made and share this information with other businesses.
4.7 NOS Web Services do not provide "Money-Back Guarantees". Should you wish to apply for a
refund of money or monies paid, you are required to apply in writing stating your case for
requesting a refund. NOS Web Services shall be entitled to recover the cost of all work done and
expenses incurred up to the date of written notification for such a refund.
4.8 All contract packages are subject to a twelve month contract. You are entitled to request a refund
at any time during the contract period, subject to clause 4.7 and all other terms and conditions
herein.
4.9 All domain names purchased under the terms and conditions of this agreement are non-
refundable. NOS Web Services are governed by external operating regulations when purchasing
and distributing domain names for and on your behalf
4.10 Should your chosen payment method fail NOS Web Services will attempt to settle your debt
using any other payment facilities available to settle your account.
4.11 All services will renew until cancelled by you. NOS Web Services emails you at your primary
email address prior to renewal of services. It is your responsibility to cancel services prior to
renewal as no refund can be made once renewal has occurred. You must notify us, at least 72
hours before a Service(s) is renewed, if you wish to cancel the Services. The cancellation
process must be fully completed by you before your account is cancelled.

5 IP ADDRESSES
5.1 NOS Web Services shall maintain control and ownership of the IP address that is assigned to
you as part of the Service(s) and reserves the right in its sole discretion to change or remove any
and all IP addresses.
5.2 Where NOS Web Services changes or removes any IP address it shall use its reasonable
endeavours to avoid any disruption to you.

6 SOFTWARE LICENCE AND RIGHTS
6.1 If you require use of software owned by or licensed to NOS Web Services in order to use the
Service(s); NOS Web Services grants you, your nominees, agents, third party consultants and
contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use NOS Web
Services 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 you any right, title, interest or
intellectual property rights in NOS Web Services software.
6.2 In relation to NOS Web Services obligations under this Agreement in connection with the
provision of the Services, you grant NOS Web Services a royalty-free, world-wide, non-exclusive
licence to use your software, text, graphics, logos, photographs, images, moving images, sound,
illustrations, other material and related documentation featured, displayed or used in or in
relation to your website ("the Content"). For the avoidance of doubt, this Agreement does not
transfer or grant to NOS Web Services any right, title, interest or intellectual property rights to your
Software or Content.
6.3 You undertake the understanding that you will not directly or through any other party, sell, lease,
license or sublicense NOS Web Services software or services.
6.4 NOS Web Services may make such copies of your 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, NOS Web Services shall return or destroy all such copies of the
Content and other materials provided by you as and when requested in writing.

7 INTELLECTUAL PROPERTY AND COPYRIGHT
7.1 The ownership of the intellectual property to the code that delivers this site is held by NOS Web
Services and its use is expressly forbidden without the purchase of an appropriate licence.
7.2 The ownership of the copyright on all content, including content contributed by users of the site is
held by us, and its use is expressly forbidden without our prior consent in writing. You
acknowledge the transfer of ownership of copyright to us for anything that you contribute to the
site.

8 SERVICE LEVELS AND DATA BACKUP
8.1 NOS Web Services shall make all reasonable endeavours to make the server and the Service(s)
available to you 100% of the time. As the Service(s) are provided by means of computer and
telecommunications systems, NOS Web Services makes no warranties or representations that
the Service(s) will be uninterrupted or error-free for the duration of this Agreement. NOS Web
Services shall not, in any event, be liable for interruptions of Service(s) or downtime of the
server.
8.2 NOS Web Services carries out data backups for use by NOS Web Services in the event of
systems failure. NOS Web Services do not provide data restoration facilities for individual
customers. Even though every effort is made to ensure data is backed up correctly NOS Web
Services accepts no responsibility for data loss or data corruption.

9 ACCEPTABLE USE POLICY
9.1 The use of the website and Service(s) may be for lawful purposes only and you may not submit,
publish or display any content that breaches any law, statute or regulation. In particular you agree
not to:
9.1.1 Use the Services or the website in any way to send unsolicited commercial email or "spam", or
any similar abuse of the Services;
9.1.2 Send email or any type of electronic message with the intention or result of affecting the
performance of any computer facilities;
9.1.3 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;
9.1.4 Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity)
of others;
9.1.5 Engage in illegal or unlawful activities through the Services or via the Website;
9.1.6 Make available or upload files to the website or to the Services that you know contains a virus,
worm, trojan or corrupt data; or
9.1.7 Obtain or attempt to obtain access, through whatever means, to areas of NOS Web Services’
network or the Services which are identified as restricted or confidential. This includes leaving
your home directory whilst using SSH access to servers.
9.1.8 Operate or attempt to operate IRC bots or other permanent server processes.
9.2 You have full and sole responsibility for the content of your Website. For the avoidance of doubt,
NOS Web Services is not obliged to monitor, and will have no liability for, the content of any
communications transmitted by virtue of the Service(s).
9.3 If you fail to comply with the Acceptable Use Policy outlined in Section 8, NOS Web Services
shall be entitled to withdraw the Service(s) and terminate your account without prior notice.
Written notification of the withdrawal of Service(s) will be provided, informing you of your breach
of Agreement.

10 ALTERATIONS AND UPDATES
10.1 All alterations and updates to the website shall be made by you using the online account
management facility, FTP access or SSH access where available. You will be issued with a user
name and password in order to access the account. You must take all reasonable steps to
maintain the confidentiality of this user name and password. If you reasonably believe that this
information has become known to any unauthorised person, you agree to immediately inform
NOS Web Services and the password will be changed.
10.2 Where it is agreed that NOS Web Services provide website management, alterations and
updates on your behalf, NOS Web Services shall be entitled to set up a dedicated user account
for the sole purpose of providing the Service(s). NOS Web Services will take all reasonable steps
to maintain the confidentiality of this user name and password. If you reasonably believe that this
information has become known to any unauthorised person, you agree to immediately inform
NOS Web Services and the password will be changed.

11 WARRANTIES
11.1 By the terms and conditions of this Agreement you warrant to NOS Web Services that the use of
your website, Content and Software will not infringe the intellectual property rights of any third
party and that you have the direct authority to licence the Content and Software to NOS Web
Services as set out in Clause 6.2.
11.2 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,
NOS Web Services shall not be liable to you as a result of any viruses introduced or passed on to
the Customer.

12 INDEMNITY
12.1 You agree to indemnify and hold NOS Web Services 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 NOS Web Services arising out of any breach by you, the
terms of this Agreement and other liabilities arising out of or relating to your Website.

13 LIMITATION OF LIABILITY
13.1 Nothing in this agreement is intended to limit or exclude any liability on the part of NOS Web
Services where and to the minimum extent that applicable law prohibits such exclusion or
limitation.
13.2 Subject to the terms and conditions of this Agreement, NOS Web Services will not be liable for
any direct, indirect or consequential loss incurred by you or a third party arising out of or in
connection with the Service(s). We shall not be liable for any loss which results from your access
to our website.
13.3 You acknowledge that information and software accessible over the internet may contain
viruses, trojans, worms and other malicious and damaging objects. You acknowledge that it is
your responsibility to adequately protect yourself and others as you browse the internet and
websites.
13.4 The entire liability of NOS Web Services to you 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.
13.5 In no event shall NOS Web Services be liable to you for any loss of business, loss of opportunity
or loss of profits or for any other indirect or consequential loss or damage whatsoever.

14 FORCE MAJEURE
14.1 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:
14.1.1 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,
14.1.2 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.

15 TERM AND TERMINATION
15.1 This Agreement will become effective on the date the Service(s) is signed. The Service(s) shall
continue until terminated by either party in writing of its intention to terminate the Agreement.
15.2 NOS Web Services reserve the right to terminate this Agreement with immediate effect by notice
in writing if you fail to make any payment when it becomes due.
15.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
15.3.1 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
15.3.2 The other party commits a material breach of this Agreement which cannot be remedied under
any circumstances; or
15.3.3 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
15.3.4 The other party ceases to carry on its business or substantially the whole of its business; or
15.3.5 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.
15.4 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.
15.5 Upon termination or expiration of this Agreement, NOS Web Services shall return or destroy all
such copies of the Content and other materials provided by you as and when requested in
writing.

16 ASSIGNMENT
16.1 NOS Web Services may not assign or otherwise transfer this Agreement at any time without prior
written notice.
16.2 You may not assign or otherwise transfer this Agreement or any part of it without NOS Web
Services prior written consent.

17 SEVERANCE
17.1 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.

18 NOTICES
18.1 Any written notice to be given by either party to the other may be sent by email, fax or recorded
delivery to the address of the other party as appearing in this Agreement. Any written notice sent
shall:
18.1.1 by email, unless the contrary is proved, be deemed to be received on the day it was sent
18.1.2 by fax be deemed to be served on receipt of an error free transmission report,
18.1.3 by recorded delivery be deemed to be served 2 days following the date of posting.

19 ENTIRE AGREEMENT
19.1 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.

20 GOVERNING LAW AND JURISDICTION
20.1 This Agreement shall be governed by and construed in accordance with the law of Scotland,
England and Wales. All parties hereby predominantly submit to the exclusive jurisdiction of the
Scottish courts.

21 DOMAIN NAME REGISTRATION
21.1 Domain names are not deemed to be successfully registered until they appear in the relevant
“who is” database of the top level domain name registrar. In the event that a domain name is
unavailable when we attempt to register it NOS Web Services will contact you with regards to the
best course of action relating to the chosen domain name.

22 SCRIPTING
22.1 NOS Web Services are not responsible for customer programming issues other than ensuring
that programming languages such as Perl, PHP and ASP are installed and functioning on the
web hosting system.

23 DATA TRANSFER
23.1 Web accounts include a certain amount of data transfer, if you exceed this amount you will be
notified in writing. Repeated breaches of data transfer limit after notification will result in
deactivation of your account. Your account will remain deactivated until you have upgraded to an
account that has more data transfer included.
23.2 Web 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, directories or sub-
directories.

24 SERVER USAGE
24.1 Should your web account have a detrimental effect on the servers processing power and as a
result have a detrimental effect on other customers we will discuss with you alternative solutions
for your hosting requirements.

25 EMAILS AND NEWSLETTER
25.1 NOS Web Services needs to communicate with you via email during the course of its Service(s)
and as such you agree to receive by email various administrator service notifications such as
notice of major outages, changes to the terms and conditions, etc. You can not unsubscribe from
administrator notification e-mails.
25.2 NOS Web Services also provides a regular newsletter which contains amongst other things,
updates to our products & features and special offers. You may unsubscribe from e-mail
newsletters and general communications by notifying NOS Web Services in writing.

26 REDUNDANT MAIL BOXES
26.1 NOS Web Services reserve the right to delete Mail boxes, not accessed for 366 days or more,
from their system

27 WEBSPACE USAGE
27.1 Unlimited web space is available for genuine web site content; all content must be linked into
your web pages. Customers are prohibited from using the server as a file/backup repository.
Customers are expected to employ good house keeping when maintaining their account.