Terms and Conditions of Business:

These terms and conditions are fully binding, by accessing the service you will be deemed to have accepted them and to be bound by them.

Where the context admits: "We" includes Webmozaic.com of 16 Moss Lane Elworth, Sandbach, Cheshire, CW11 3JN , United Kingdom or any party acting on our implicit instructions. 'You' includes the person purchasing the services or any party acting on the customer's instructions. 'The Registrant' includes the person applying for a domain name or any party acting on the Registrant's instructions. 'The Registry' the relevant domain names Registry. 'Server' means the computer server equipment used by us in connection with the provision of the Services. 'Web Site' means the area on the Server allocated to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

1. Domain Name Registration
1.1. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

1.3. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

1.4. We shall not release any domain to another provider unless full payment for that domain has been received by us which includes where indicated any fees as indicated on our website at the time of any transfer request being received.

2. Web Site Hosting, and E-mail

2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

2.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

2.3. You represent, undertake and warrant to us that you will use the service(s) allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:

2.3.1. You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.

2.3.2. You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) Any material containing a virus or other hostile computer program.
(c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

2.3.3. You will not send bulk e-mail whether opt-in or otherwise from any service purchased from Webmozaic. Nor will you promote a site hosted within Webmozaic hosting space using bulk e-mail

2.3.4. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.

2.4. We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Adult or illegal MP3 content. In addition:

2.4.1. You will use only alphanumeric characters and the underscore or hyphen in folder/directory names and filenames. You will not use any symbols, spaces or any other characters. Both lower and upper case alphabetic characters are allowed.

2.4.2. You will give every file an extension, i.e. myfile.html

2.5. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

2.6. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

2.7. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

2.8. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company of any nature, you warrant that the Services will not be used by anyone under the age of 18 years.

2.9. Any access to other networks connected to Webmozaic must comply with the rules appropriate for those other networks.

2.10. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of e-mail or for any other failure of e-mail

2.11. You agree that as part of our service to you, we shall from time to time notify you of changes to our services and where possible notify you of interruptions to our services. We do not employ or endorse the use of "spamming" in any form, (see our Acceptable Use Policy - Net Abuse) nor will we pass your contact information to a third party except as may be required by Law or as described in our Privacy Policy. We operate a strict anti-spam policy and actively pursue those responsible for mail abuse to the fullest extent under all applicable laws. All mail abuse complaints regarding Webmozaic accounts should be directed to info@webmozaic.com. You must forward the complete mail in plain text format complete with full e-mail headers (copy and paste into the mail body) and evidence that the mail originated from one of our accounts in order that we may effectively pursue your complaint.

2.12. You will agree to be bound by the Acceptable Use Policy as published on this website.

2.13 You will agree to permit us to access your account control panel and webmail accounts to monitor the operation of the account as may be necessary from time to time.

3. Monthly Data Transfer Allocations

3.1. In the case where your monthly data transfer persistently exceeds your account allocation, we will contact you offering the following options:
(a) A charge of £00.20 per 1Mb per month of additional data transfer.
(b) An offer of upgrading your account to the next level.
(c) Suspension of your account for the remaining duration of the month.

3.2. We reserve the right to suspend and/or terminate your account where a satisfactory result is not achieved with 3.1.

4. Service Availability

4.1. We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or downtime of the Server.

4.2. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days we will notify you where possible. If this is not possible, we will provide a notification message on our telephone answering machine.

4.3. The Services provided to you herein and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

5. Payment

5.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.

5.2. Payment is due on or before the anniversary date each year following the date the Services were established until closure notice is given. You will be given 30 days notice prior to this date.

5.3. If a cheque payed by you to us is returned by our bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £27.50 in addition to the amount due.

5.4. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. You will be notified of this.

5.5. Suspension of Services for any reason does not remove your liability for payment of the full amount outstanding.

5.6. Failure to settle the full outstanding amount within seven days of the original due date results in the account being declared to be in default.

5.7. Accounts in default are passed to our representatives for collection. The outstanding amount is subject to a 5% interest surcharge for each seven day period or part thereof during which the account remains in default. You will be liable for all reasonable costs incurred by us in recovering the amounts due from the defaulted account, including but not limited to recovery agency and legal fees.

6. Termination

6.1. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

6.2. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

6.3. If the account holder is a company that goes into insolvent liquidation or suffers the appointment of an administrator or administrative receiver or enters into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.

6.4. No refunds will be made for Services suspended, terminated or cancelled in accordance with 3.1, 3.2, 5.6, 6.1, 6.2, 6.3 and 6.6.

6.5. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this and upon receipt of your request you will be entitled to a pro rata refund based upon the remaining period of membership.

6.6. You may cancel the Services at any time.

6.7. During the first 30 days of Services, you are entitled to a complete refund of all fees paid with the exclusion of domain name registration and account set-up (currently £24.00) and data transfer fees should you decide to cancel the Services. You will not be entitled to a refund on this basis if you have previously held an account with us.

6.8. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

7. Design

7.1 All design work is agreed on a contract basis prior to work commencing.

7.2 Payment for design work is to be made in accordance with the contract, and is subject to but not limited to the terms laid out in section 5 above.

8. Resellers

8.1. We authorise you to sell our services under our brand only. You may not yourself or permit your clients to subsequently resell our services under your brand or any other brand identity other than ours.

9. Indemnity

9.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

10. Limitation of Liability

10.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 9.2.

10.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

10.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim during the account year in which the claim arises or has arisen.

10.4. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

10.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. See 2.2

11. Notices

11.1. Any notice to be given by either party to the other may be sent by either e-mail, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by e-mail 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 two days following the date of posting.

12. Law

12.1. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

13. Headings

13.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

14. Entire Agreement

14.1. These terms and conditions together with any documents expressly referred to in them contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

This document was last updated: 8th July 2005.