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Legal Terms and Conditions for "Surya" Internet Services

-- EuropeanYogaNetwork - 16 Apr 2010

Preamble

YOGA NETWORK C.I.C. (herein referred to as the European Yoga Network or us or we or our) is the worlds first and only Yoga Community Interest Company hosting web sites on 100% solar powered systems. We are an ethical company providing products and services to diverse Yoga interests across the european region.

Cancellation

If you, (our customer) want to cancel a hosting account within the first 30 days, then a full refund of monies paid for that hosting account will be given. This applies to the hosting accounts only and all other services, eg. Website design or optimisation provided by the European Yoga Network are normally, not refundable. All transfer and cancellation requests must come from the account holder who shall provide sufficient customer identification information in writing to the European Yoga Network. The European Yoga Network reserves the right to suspend or cancel a customer's access to any or all services at any time without notice. If we cancel an account due to, in our opinion, the account being inappropriately used then no refund of monies will be due. Any websites in breach of these terms and conditions may be permanently removed from our servers.

Refunds

All our hosting accounts run for a period of 12 months and are payable in advance in one payment. This is partially refundable at the sole discretion of the European Yoga Network should you, (the customer) decide to transfer their domain to another host part way through the year.

Pricing

The European Yoga Network reserves the right to change prices at any time. The current prices shall be published at all times at the European Yoga Network website. All pricing is guaranteed for the term of the payment. All pricing is in UK Sterling. Other currencies can be accepted for overseas clients. Cheques can only be accepted in UK Sterling and should me made payable to YOGA NETWORK C.I.C.

Domain names

We offer a domain name registration support service. You agree to indemnify the European Yoga Network against any claims in respect of any unlawful copyright or similar property infringements that may arise in relation the the use of any domain name linked to the hosting accounts we may supply to you from time to time. All registration fees and ongoing official costs for your domain name must be maintained by you and are subject to the contract with the registration agent or registrar.

Renewals

To renew an account payment must be made within 30 days of the end of the billing cycle. Invoices for renewal of all services will usually be sent out via email 4 - 8 weeks before payment is due. All bills and invoices are sent by email. At all times you must specify a valid email address, or postal mailing address to which the European Yoga Network may send all invoices, notices or other forms of communication, (particularly in an emergency). Should you fail to notify the European Yoga Network immediately of any change in particulars then the European Yoga Network shall not be liable for any loss to you arising from any such failure. If the renewal is not paid within 30 days from the last day your hosting account expired, and at least 2 requests for payment have been sent out to your last notified communications address, then the account will be closed and the domain will be deleted from our servers. A re-activation fee my then be due should a new contract be made.

1) Relevancy

All sites must be related to Yoga, and/or related disciplines connected which are, (in our view) similar in spiritual or philosophical idealogy. They must not publicise any material that is in obvious contradiction to universal spiritual values, eg. harmlessness, respect for life and tolerance. They can be for personal and commercial use but you are responsible for the content of their pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate any laws. The European Yoga Network has the right to suspend the service immediately in the event of a breach or suspected breach by you.

2) Acceptable Use

The European Yoga Network does not put adverts on websites although a suitable text link or small interoperable graphic device, (button) linking to either the service directory or homepage of the European Yoga Network, (located on the internet at www.yoga-eu.net) - or must be clearly displayed on at least one public page. The European Yoga Network has the right to decline an order for hosting services for any or no reason.

3) Sub-leasing agreements

Account holders are not permitted to resell or give away any of their webspace or any service provided by the European Yoga Network. The only exception to this is for a Network Partner account, as they are permitted to resell hosting accounts. Account holders are also not permitted to allow anyone to use their account in any way that may be in breach of these terms and conditions. Any domain names that are forwarded to a hosted account or added (using either another providers forwarding service or the Linked Domains feature in the control panel) must also belong to the account holder.

4) Content

We do not allow:-

1. Pornography, escort or similar agency work
2. Participation in any form of un-solicited bulk e-mailing, (spamming).
3. Any user forwarding mail to a large ISP (eg. aol.com) address and subsequently marking that mail as spam (causing a detrimental effect to the server) will be subject to suspension/termination of their account.
4. Foul or abusive material
5. Pirated software, hacking, password cracking or similar resources.
6. Illegal media distribution sites
7. Slander / Libel, or impersonations
8. Promotion of violence or terrorism, racial / sexual / political discrimination or
9. Similar material or services we deem inappropriate

5) Excessive use

We do not allow chat rooms. These are usually a large drain on system resources. Also, sites with archives of image files or other files for download that may put a serious drain on server resources are also not permitted. Accounts that use excessive amounts of system resources that result in degradation of server performance will be subject to a formal notice, followed by suspension and/or deletion at our descretion.

6) Bandwidth

If your traffic exceeds that allowed then a charge may be levied, until your bandwidth usage is reduced. If an excessive bandwidth levy is not paid within 2 weeks of the invoice being sent then the account will be cancelled and no refund will be paid. The current excess bandwidth charge is £4 per gb (plus VAT) or part thereof per month.

7) Risks of compromise

It is your responsibility to ensure that your password(s) and username(s) are kept safe. You should not divulge the password(s) to any other person except a professional web designer or web consultant, and you should take reasonable precautions to ensure that they are not discovered by anyone else. We may grant access to any account on our servers if required to do so by a person requisite legal authority. In particular, you should not neglect to attend to any of the following issues:-

• Scripts that can be exploited to allow unauthorized access
• Scripts which become too resource intensive for a shared hosting environment
• All scripts installed by our customers must be kept up-to-date with the latest secure version. Old scripts with known vulnerabilities as well as user developed scripts which may be insecure may be subject to deletion. When installing scripts with sensitive information, like passwords the permissions must not be set to 777 unless they reside in a password protected directory.
• Whenever possible, we will notify our customers in advance if we find possible problem scripts at their domain. However, this may not always be possible and it is your responsibility to ensure that your scripts are kept up to date and are secure.
• Users use .htaccess to bypass server rules at their own risk. This method is not recommended as their use can lead to unpredictable results, including internal misconfiguration and temporary loss of service. Instead, each directive should be added, one at a time through the hosting control panel and tested on each occasion to avoid server failure.
• Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep backups of all data stored on your virtual server. We reserve the right to review included features and/or disable features for security reasons. Support is by instant messengers, when available, througha ticketing system available through the control panel, and via email only. We endeavour to reply to all support issues within 24 to 48 hours. Responses to non-urgent issues at busy times may take longer.

Indemnity

You agree that it you shall defend, indemnify, save and hold the European Yoga Network harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against the European Yoga Network, its agents, its customers, officers and employees, that may arise or result from the content of the customer's website including but not limited to any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.

You agree to defend, indemnify and hold harmless the European Yoga Network against liabilities arising out of:-

1. any injury to person or property caused by any products sold or otherwise distributed in connection with the European Yoga Network's servers
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 the European Yoga Network's servers

Disclaimer

Clients accept that server downtime, whether for system upgrades or any other reason, may occur and there will be no compensation paid for any period of downtime in any event. The European Yoga Network will not be liable for any damages or losses including loss of turnover, sales, revenue, profits or indirect consequential or special loss to you or your business. The European Yoga Network makes no warranties of any kind, expressed or implied for services we provide. The European Yoga Network disclaims any warranty or merchantability or fitness for a particular purpose to the maximum extent permitted by law. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by the European Yoga Network and its employees. These Terms and Conditions do not affect your statutory rights. Any account in breach of these Terms and Conditions, determined soley at the European Yoga Network's descretion, may be removed from our servers without notice. The European Yoga Network reserves the right to revise its policies at any time.

Jurisdiction

The agreement shall be goverened by the laws of England and Wales and the customer submits to the authority of that jurisdiction.