
1. Your website
("the Site") is based on and has been developed from software proprietary
to Website-box Limited ("the Application"). You are permitted to
use the Application in accordance with the terms of this Licence by accessing
it through a user name and password or other method provided by and authorised
Website-box Limited. By using the Application, you agree to become bound by
the terms of this Licence.
1.1 You acknowledge that the Application is the sole and exclusive property
of Website-box Limited and that no title to the Application passes to you
under this agreement or by reason of your purchase or use of the Site.
1.2 The Licence allows you to use the Application only for the purpose of
editing and making alterations to your Site in accordance with the terms of
this agreement.
1.3 The Application contains proprietary information and trade secrets and,
to protect them, you may not reverse engineer, decompile, disassemble, copy,
or otherwise reduce the Application to any human intelligible form. You may
not modify, adapt, translate, rent, lease, loan or create derivative works
based upon the Application or any part thereof;
1.4 The Licence does not cover the source code of the Application. Website-box
Limited reserves any rights not expressly granted to you. Website-box Limited
retains ownership of the Application itself. You shall not sublicense or permit
the sub-license of any of the rights granted by this Licence.
1.5 This Licence is effective until terminated by Website-box Limited. The
Licence will terminate immediately if you fail to comply with the terms of
this Licence or if you fail to make any payment under the agreed terms of
purchase. In the event of termination, paragraphs 1.6 - 1.8, 2.6 and 3 will
continue to have effect.
1.6 You acknowledge and agree that the Application may not satisfy all your
requirements or be free from defects. All reasonable efforts have been taken
to protect our server and Application from viruses but we do not warrant that
the server or Application is free of viruses or other destructive or harmful
code. There are no express or implied warranties of merchantability or fitness
for a particular purpose respecting the Application subject to this Licence
and any accompanying written materials.
1.7 Notwithstanding the provisions of paragraph 1.6, in the event that repeatedly
demonstrable defects making the Application incapable of use shall become
manifest, Website-box Limited will at its option either remedy such defects,
supply alternative Application or refund the purchase price of the Site which
is the subject of this agreement.
1.8 In no event will Website-box Limited, its parent or subsidiaries or any
of the directors, officers, employees, agents or affiliates of the foregoing
be liable for any consequential, incidental, indirect or special damages whatsoever
(including, without limitation, damages for loss of business profits, business
interruption, loss of business information or similar loss) whether foreseeable
or unforeseeable, arising out of the use of or inability to use the Application
or accompanying written materials, regardless of the basis of the claim and
even if Website-box Limited or a representative of Website-box Limited has
been advised of the possibility of such damage. Website-box Limited's liability
for direct damages for any cause whatsoever, and regardless of the form of
the action, will be limited to the higher of the aggregate fees paid by you
to Website-box Limited for the Site over the 12 month period preceding the
date of your claim or £10,000.
2. Hosting of
your Site
2.1 Your Site will be hosted by Website-box Limited ("the Hosting Service")
provided you pay promptly the monthly charge of £15 plus VAT (or such
other amount as may be notified by Website-box Limited on 30 days' written
notice) on the following terms and conditions. You will be solely responsible
for the content of the Site and you will ensure that:
2.1.1 all information contained in the Site is accurate, truthful and reliable
2.1.2 if you advertise or offer to sell goods or services via your web pages,
you will provide goods or services conforming with any description or warranties
made. You will also ensure that you comply with all relevant laws and regulations,
including those relating to sale of goods and services, advertising, trade
description and consumer credit
2.1.3 you will not do any of the following:
2.1.3.1 publish, post, distribute or disseminate defamatory, infringing, obscene,
indecent or other unlawful material or information;
2.1.3.2 threaten, harass, stalk, abuse, disrupt or otherwise violate the rights
(including rights of privacy and publicity) of others;
2.1.3.3 engage in illegal or unlawful activities through the Site;
2.1.3.4 falsify the true ownership of software or other material or information
contained in a file that you make available via the Site.
2.2 You agree to indemnify Website-box Limited against all losses, damages,
actions, proceedings, claims, demands, expenses and costs (including legal
costs or expenses and any compensation, costs or disbursements paid by Website-box
Limited to compromise or settle a claim) incurred by Website-box Limited in
consequence of any breach or alleged breach of any of your representations
or warranties in this agreement.
2.3 You agree that Website-box Limited may block access to the Site or the
move of the Site from Website-box Limited servers in Website-box Limited's
sole discretion should Website-box Limited receive notification that you have
breached or alleged to have breached any of your representations or warranties
in this agreement.
2.4 The Hosting Service covers sites with a maximum of 500 products displayed
and bandwidth use of up to 6GB per quarter or 2GB per month or 64MB per day.
If bandwidth used moves outside any of the above amounts, Website-box Limited
may impose an extra charge or terminate the Hosting Service at Website-box
Limited's option.
2.5 Whilst Website-box Limited will use its reasonable endeavours to provide
the Hosting Service on a continuous basis, you acknowledge that the Hosting
Service is not guaranteed to be available continuously for use and there may
be times when it is unavailable for operational or other reasons.
2.6 If you wish to transfer your domain name away from Website-box Limited,
Website-box Limited reserves the right to make an administration charge of
£10.
2.7 Any breach or threatened breach of the terms of this agreement by you
will entitle Website-box Limited to terminate the Hosting Service without
notice.
2.8 In no event will Website-box Limited, its parent or subsidiaries or any
of the directors, officers, employees, agents or affiliates of the foregoing
be liable for any consequential, incidental, indirect or special damages whatsoever
(including, without limitation, damages for loss of business profits, business
interruption, loss of business information or similar loss) whether foreseeable
or unforeseeable, arising out of interruptions to or problems with the Hosting
Service, even if Website-box Limited or a representative of Website-box Limited
has been advised of the possibility of such damage. Website-box Limited's
liability for direct damages for any cause whatsoever, will be limited to
the money paid for the Site which is the subject of this agreement.
3. General
3.1 This agreement will be governed by, and construed in accordance with,
English law.
3.2 If any provision of this agreement shall be held by a court of competent
jurisdiction to be unenforceable in whole or part, that provision will be
enforced to the maximum extent permissible, and the remaining provisions of
this agreement will remain in full force and effect.
3.3 Refunds in whole or in part of any Fees paid by the Customer following
cancellation or termination for any reason will be solely at the discretion
of the Company.