Terms & Conditions

Acceptable Use Policy and Legal Information (Terms and Conditions). Updated 15th July 2008.



Introduction:

This document may also be referred to as the Acceptable Use Policy (AUP), Legal Information or Terms and Conditions (TAC).

These terms and conditions have been written by XCNS and may be revised at any time without prior warning. It is the responsibility of all customers to check these terms and conditions for changes and updates.

These terms and conditions are put in place to protect our business and your rights. Obeying the terms and conditions help XCNS run a high performance service while complying with UK law. In the event of a breach of this policy, XCNS reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files stored on our servers.

By purchasing a product or service from XCNS, or by connecting to our servers, you agree to the terms and conditions.

Trade Policy:

XCNS trade under the names, but are not limited to the names of; XCNS, XCNS.CO.UK, XCNS:UK, XCNS-UK, XCNS UK, eXtreme Computer and Network Services, eXtreme Computer & Network Services, FRAG.CO.UK, FRAG:UK, FRAG-UK, FRAG UK. Company names, slogans and logos are used as trademarks of the company and may not be used elsewhere without prior permission. These terms and conditions apply regardless to which trading name is used when you connect to, or purchase a product or service provided by XCNS.

Content:

All content of the XCNS website is copyright to XCNS and its respective owners. Names, images and logos are used with permission from the authors. Some images on the XCNS website have been modified from the original images from Dell Inc. Images courtesy of Dell Inc. If you feel any images are being used without permission, please contact us and we will resolve it as soon as possible. By browsing this website you agree not to claim to have authored the content, or use it for personal gain. The web design and layout is property of XCNS and may not be reproduced exactly without prior permission.

It is a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trade marks. Customers are reminded that sharing copyright material through the use of peer to peer software may consequently constitute a criminal offence if done without permission of the right owner in question. XCNS will co-operate with any agency or rights holder wishing to assert their rights in these matters and we reserve the right to withdraw service under such circumstances, without recompense, and delete any files stored on our servers.

UK Law:

It is an offence under UK law to transmit, receive or store certain types of data.

Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.

The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.

Under the Electronic Commerce (EC Directive) Regulations 2002, XCNS is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts we will take preventative measures to bring those acts to an end.

Foreign Law:

XCNS is a UK company, although some of our servers may be based in other countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.

Disclaimer:

By connecting to the XCNS network, customers agree to hold XCNS harmless in the event of any legal claim regarding our services.

This includes uptime, availability and loss of data. You must keep up to date backups of your data, as XCNS will not be responsible for loss caused by either party.

Privacy and Security:

Login names and passwords must be kept secret and not be communicated to any third party. XCNS must be notified immediately if they are compromised. If a customer forgets or loses their password, they will need to contact XCNS to have it changed.

If XCNS find malicious traffic emanating from a customer's server, XCNS have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. XCNS understand that in many cases a customer may not be responsible for or aware of the problem, and therefore XCNS will work with the customer to resolve the issue as efficiently as possible to restore normal service.

Malicious and Irresponsible usage:

Customer acknowledges that they have a responsibility to ensure that their connection is not used in an irresponsible manner. XCNS deem irresponsible use of the services to include, but not be limited to, sending unsolicited e-mail ("spamming"), attempting to breach the security of a 3rd party machine, and flooding of online resources such as forums and newsgroups.

In the event that a customer's services are used for any purpose that XCNS deem irresponsible then XCNS reserve the right to suspend service while the usage is investigated in consultation with the customer. Should investigation determine that the service has been used irresponsibly; XCNS reserve the right to terminate the customer's account with immediate effect. Wherever possible the customer will be notified in advance of any termination.

Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic.

It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation.

Customers may not mount an attack, by whatever means, against our system, or any other systems. Customers may not run unauthorised mailing lists from or through any of our machines or mail servers.

Quota:

When using a quota-based service, it is the customer's responsibility to remain within their usage quota. XCNS reserve the right to delete files for over-quota users if disk space is affecting the normal running of the server.

Web Hosting:

By uploading to the services, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.

The Customer will be responsible for the content of their website, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. XCNS reserve the right, without notice or explanation, to remove material which does not comply with this AUP or our Terms and Conditions, such as material of an adult nature or pirated software.

XCNS reserve the right to suspend any or all of the service at any time, without prior notice, explanation, or recompense.

Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their website. XCNS reserve the right to suspend any sites containing such material. Customers must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.

Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on the customer's behalf. XCNS must be notified immediately if they are compromised. If someone were to gain access to a customer's account password, they could tamper with files held on the customer's website.

The customer has sole responsibility for ensuring that any data is suitably backed-up. XCNS will not keep backups of customers' websites. XCNS will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.

If the account is suspended for any reason, such as non-payment, access to the customer's website, both for viewing and uploading, may also be suspended.

On closing an account, the relevant data on this Web space will be deleted.

Email Services:

The XCNS domain is not directly available for email use, a sub-domain or alternative domain will be provided unless the customer provides a private domain for use with our mail servers.

Email cannot be used for anything that would violate UK law or any other part of this AUP. Mobile email is available to those with compitable IMAP4 or POP3 handsets, and that have access to our mail servers, this can be checked with your mobile network provider.

While your privacy rights are not affected, XCNS reserve the right to access your email account in the event of suspicious activity or technical issues. Your private information will neither be stored nor transferred without prior permission from the customer or legal agency.

No Fix No Fee:

If XCNS are unable to resolve your problem, we will not charge you for the labour, although, you will be charged for any components, parts, equipment or tools used in attempt to resolve your problem. You may also be charged for the travel costs. Example: A customer call out XCNS to repair a computer 5 miles away from base location, the technician is unable to repair the computer so purchases a new part in hope that it will resolve the problem, the customer will be billed for the cost of the part and for the 5 miles travel. The customer is of course welcome to keep the part purchased, and if possible, retrieve a full refund.

If we can't fix it, we wont charge you!*
*Terms and conditions apply.

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