Terms & Conditions

Terms, Conditions, Security & Disclaimer – The legal Stuff !

GENERAL

This site is the property of New Millennium Internet Services Ltd inclusion in this website is at the discretion of NM – New Millennium Internet Services Ltd. Illegal, immoral or unsuitable advertising or comment will be excluded. Other items may be excluded from time to time at the Webmasters discretion, with no reason being given for the exclusion.

COPYRIGHT

TRADEMARKS

The following are trademarks or trading names of NM – New Millennium Internet Services Ltd and may not be used without written authority;

CONTENT AND LIABILITY DISCLAIMER

1) NM – New Millennium Internet Services Ltd shall not be responsible for any errors or omissions contained in this Web Site or any New Millennium Internet generated site, and reserves the right to make changes without notice. Accordingly, all information is provided “AS IS”.

In no event shall NM be liable for any damages whatsoever, and in particular NM shall not be liable for special, indirect , consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any NM Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.

2)New Millennium Internet Services Ltd makes no representations whatsoever about any other web site which you may access through this one. When you access a non-NM web site, please understand that it is independent from NM, and that NM has no control over the content on that web site. In addition, a link to a non-NM web site does not mean that NM endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL NM BE LIABLE TO ANY PARTY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FEEDBACK INFORMATION

Any information provided to NM in connection with any NM Web Site shall be provided by the submitter and received by NM on a non-confidential basis. NM shall be free to use such information on an unrestricted basis.

DOMAIN INFORMATION

Domains renewal payment must be received by us 30 days before expiry of the domain on our database. This is not necessarily the same date supplied by the registering authority e.g. Nominet. You will be informed of the expiry date on our database and the due date for payment with your request for renewal payment slip.

Domain transfer will be expedited FREE OF CHARGE if it is requested 60 days before the expiry of the domain on our database. Requests received after this time will be charged for at our normal rate of £60 per hour for the administration time. Alternatively you can pay the equivalent of the renewal of the domain and then transfer FOC.

Once an invoice or request for payment has been issued and payment has been received this will be deemed a contract to supply. Once this contract has been entered into and payment has been received no refunds will be issued but the works may be deferred or other or similar services may be offered [at the discretion of the management].

*Domain Name Registration*
Customer agrees to pay NM prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the NM price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer’s domain name registration is suspended, cancelled or transferred prior to the end of Customer’s then current registration term. NM reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer’s registration in an email from NM to the email address indicated in Customer’s registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by NM) in connection with the payments of the registration fee for Customer’s domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to NM as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. NM will reinstate Customer’s domain name registration solely at NM’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

HOSTING INFORMATION

Hosting renewal payment must be received by us 30 days before expiry of the hosting on our database. This is not necessarily the same date supplied for expiry of the related domain by the registering authority e.g. Nominet. You will be informed of the expiry date on our database and the due date for payment with your request for renewal payment slip.

Hosting is space is non transferable. Requests to change settings in the hosting control panel deemed by us to be over and above normal requirements will be charged for at out normal rate of £60 per hour for the administration time.

NMIS will only host domains that are under our control [e.g. We must be listed as ADMIN and must have all access rights to the settings for the domain]. This is in order that we can comply with our standard SLA (service level agreement) of 99.9% uptime. Requests to change settings for ADMIN of the domain will be deemed a termination of contract and all services will cease on transfer. Any works to rectify problems after movement/transfer of a domain requested by a customer over and above normal requirements will be charged for at out normal rate of £60 per hour for the administration time.

SITE DESIGN & CONTENT

NM contracts to always try to act in the customers best interest. All site content provided to NM must be validated for copyright and licence by the site owner. Forms placed on our servers or secure servers must be tested by the recipients and any problems reported to NM as soon as is feasibly possible. In no event shall NM be liable for any damages whatsoever, and in particular NM shall not be liable for special, indirect , consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any NM designed Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.

COPYRIGHT INFORMATION

Copyright is retained on all New Millennium Internet designs and html code. We will sell the rights to our html code and or design and this can be negotiated as and when required. We will / and often have prosecuted for infringement of our copyright on html code and design.

We do not retain copyright on the contents of our pages supplied by clients. Copyright protection for a clients content should be sought by the client. Copyright for images used on client websites should be checked by the client and NM accepts no responsibility for failure to comply with copyright law. New Millennium will be happy to carry this out on the clients behalf at and charge the cost out at our normal hourly rate of £60 per hour.

*Intellectual Property Rights*
Material accessible to you through NM’s services may be subject to protection under the UK, European, Australian, United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use NM or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the NM network. If you use a domain name in connection with NM or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

PAYMENT AND REFUNDS

*Payment Policies*
All accounts are set up on a pre-pay basis. If there are setup fees charged, they are non-refundable. All pricing is guaranteed for the term of pre-payment. NM reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies NM at 0870 922 0 988 to request for termination of services. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of NM) shall be paid by Customer. NM accepts paper cheques from customers for payment of web hosting services and fees associated with your account. However, there will be a £5.00 per cheque processing fee for each customer paying by cheque.

GENERAL INFORMATION

In contracting to purchase a domain and or hosting space with New Millennium Internet Services Ltd you have agreed to be bound by these terms and conditions. In all cases New Millennium Internet Services Ltd. reserve the right to terminate your contract without refund.

Additional terms:

SERVER USE & SECURITY

*SERVER ABUSE*
Any attempt to undermine or cause harm to a server, or customer, of NM is strictly prohibited. This includes the use of insecure passwords or revealing passwords to third parties. Unauthorized use of other people’s accounts or computers NM will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a NM customer, whether or not the attacked account or computer belongs to NM will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Customers/Users may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by NM to be unacceptable use of NM services including abuse of server resources.

All hosting accounts may be terminated that include the following content or which have links to the following content:

* Providing material that is grossly offensive to the Web community
including blatant expressions of bigotry, racism or hatred.
* Promoting or providing instructional information about illegal
activities, or promoting physical harm or injury against any group
or individual.
* Displaying material that exploits children under 18 years of age.
* Acts of copyright infringement including offering pirated computer
programs or links to such programs, information used to circumvent
manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of cracker
utilities.

*Unsolicited Email (Spam)*
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. NM takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:

* Unsolicited bulk or commercial messages (“spam”). This includes,
but is not limited to, bulk mailing of commercial advertising,
informational announcements, charity requests, petitions for
signatures, and political or religious tracts. Such messages may
only be sent to those who have explicitly requested it from your
domain.
* Forging, altering or removing electronic mail headers is
prohibited. Any domain sending stealth spam will be terminated
without warning and without refund.
* Spamming Newsgroups: Commercial advertisements are unwelcome in
most Usenet discussion groups and on most e-mail mailing lists.
Inappropriate posting may result in account cancellation.
“Spamming,” or sending a message to many different off-topic
newsgroups, is particularly unethical and will be treated as such.

Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

*NOTE*: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through NM (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

*PENALTY*: Depending on the severity of your SPAMMING, NM reserves the right to charge you between £1.00 [GBP] & £100.00 [GBP] PER SPAM sent through our network. Your web site content will also be confiscated and it will be NEVER returned to you.

*GI Scripts*
Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish.
*See the Server Resource Abuse section.

*Server Resource Abuse*
Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. NM will be the sole arbiter as to what constitutes a violation of this provision. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. Shared server accounts are NOT allow to send more than 2000 emails per day. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

*Banned Scripts / Software*
The following scripts, services and software are not permitted on our servers. Both Unix and/or Windows based scripts.
* Ikonboard (all versions)
* The Anonymizer
* UltimateBBS (all versions)
* All soap mailers
* Egg Drops
* BitchX
* psybnc (all versions)
* guardservices
* Proxy Servers
* ptlink
* nph-proxy
* bnc
* Greymatter
We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the NM Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option.

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged £50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact our support line on 0870 922 0 988 to discuss.
*Background Running Programs*
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge may incurred based on system resources used and operational maintenance needed.

*IRC*
We currently do not allow IRC IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

*Excessive Use/Overages*
You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, NM may, in its sole discretion, assess you with additional charges. If NM elects to take any corrective action, NM will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at £5 per 1GB per month. Disk space overages are currently billed at £3.00 per 250MB per month.

*Cancellation*
NM reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by NM if NM institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

*Liability and Obligations on Cancellation*
If the Agreement expires or is cancelled for any reason, NM is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, NM will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to NM under this Agreement.

*Material and Product Requirements*
You must ensure that all material and data placed on NM equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation by NM, NM will make no effort to validate any of this information for content, correctness or usability. If your material is not “server-ready”, NM may reject this material. NM will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy NM’s requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. NM does not provide this knowledge or customer support outside of the Services.

*Network Security*
Customers may not use the NM network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. NM will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, NM will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting NM or any of its other customers.

*Electronic Commerce*
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

*Static / Dynamic Content Caching*
You expressly (i) grant to NM a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by NM under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.

*Torturous Conduct*
Any abuse towards any NM or associated companies will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing NM or utilising the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at NM or associated companies or its employees shall be considered a violation of this TOS.

Any threat; whether verbally, orally, written, or delivered by second parties directed towards NM or associated companies or any of it’s employees, partners, equipment, and concerns shall be construed as a violation of this TOS. Any conduct viewed as violating this section shall be considered a violation of this TOS. NM or associated companies will be the sole arbitrator in regards to what is deemed a violation.

No refunds shall be given when the contents of this section necessitates removal of the account.

*IP Address Ownership*
NM shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by NM and NM reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

*Lawful Purpose*
NM reserves the right to refuse service to anyone. Customers may only use NM server for lawful purpose. Transmission of any material in violation of any Police, Government, Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of NM management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Wales in the United Kingdom any dispute will be litigated or arbitrated in Wales in the United Kingdom. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Wales in the United Kingdom Courts. IN NO EVENT SHALL NM’s MAXIMUM LIABILITY EXCEED THREE HUNDRED (£300.00) POUNDS.

*Indemnification*
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD NM HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST NM, 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, IT’S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS NM AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH NM’s 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 NM’s SERVER.

*Disclaimer*
NM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. NM MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. NM 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 NM AND ITS EMPLOYEES. NM RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF NM MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

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