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OnStream Conditions of UseIn what follows, ``we'' refers to the business owned by Jonathan Anderson and ``you'' refers to the purchaser of the OnStream web/mail hosting account. In addition, ``billing year'' refers to a period of time, not exceeding one year, ending on 31 January. 1. This agreement applies to the OnStream web/mail account provided by Arachsys. 2. You are required to ensure that all use of your account on our system follows the conditions laid out in this document and in the Acceptable Use Policy that we publish from time to time. 3. If you breach this agreement, we have the right at our sole discretion to suspend or terminate all or part of your account without refund or notice, or to make an additional charge for the misuse. 4. Your account is provided in return for payment on an annual basis with automatic renewal. We require payment in advance before the start of each consecutive billing year of service. We will send you an invoice a month before the start of each billing year. 5. You may cancel your account at any time, provided that you give us at least a week's notice. However, we will not refund any money that you have paid in advance for the year's service. 6. We reserve the right to suspend or terminate your account at our sole discretion, and will refund the fraction of your payment corresponding to the remainder of the billing year. 7. We shall take all appropriate measures to maintain all of our services. If for any reason we are unable to provide service for a period of time exceeding 2 days, we will refund you in full for that period. You will not be entitled to any extra compensation. 8. You may only use our machines in ways and for purposes for which we have given explicit permission. In particular, your account is provided solely for the purpose of accessing files in your web site and any other use is expressly forbidden. Any unauthorised use of our equipment is a criminal offense. 9. You will not disclose your account details and password to any unauthorized third parties for any purpose. You will notify us and change any password which you believe may have been compromised. 10. You are responsible in all respects of the content of your web site and hereby undertake that your use of our system does not and will not violate any applicable law. 11. You will be responsible for maintaining copies of your own files. We cannot provide backup or data recovery services of any kind. 12. You must ensure the contact details that you have given us are kept up to date. We will send invoices and other details to you at this address. We will not pass these details on to other companies or individuals. 13. Our liability will not exceed the proportionate amount of your subscription. 14. We shall not be liable for any consequential losses you may suffer. 15. We are not responsible for any use you make of our services or any charges you incur with a third party. You indemnify Arachsys Internet Services Ltd against the effects of any misuse or any claims resulting from that misuse. 16. Any decision made by Arachsys Internet Services Ltd in relation to the services provided and Conditions of Use shall be final. 17. These Conditions of Use and all other legal relationships between you and us shall be governed by and construed in accordance with English Law, and are subject to the exclusive jurisdiction of the English courts. 18. If any part of this agreement is held to be invalid or unenforceable then this shall not affect the enforcability of any other provision of this agreement. |
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