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Terms & Conditions
 

Please read carefully this legal and binding agreement between you, the Customer, and eConnective.co.uk.

By using, installing or accessing the eConnective.co.uk website, the Services and certain Products that are offered, as our Customer you agree to all of the terms and conditions of this agreement. If you do not agree to these terms, the Acceptable Use Policy or any other Terms and Conditions posted on the eConnective.co.uk web site, all services will be discontinued, activation of the account will cease and your account terminated.

END USER LICENSE AGREEMENT

SERVICE USAGE POLICY eConnective does not allow any of the following content to be stored in the web hosting space (ftp space included) that you are provided with. This applies to both free and paid hosting.

LICENSE GRANT. Subject to the provisions contained herein and payment of applicable fees, eConnective.co.uk hereby grants to you a non-exclusive, nontransferable, license to use its accompanying proprietary software application products offered on the eConnective.co.uk web site ("Software",) for your own use. Such Software is protected by the eConnective.co.uk laws of the United States and international eConnective.co.uk
treaties.

RESTRICTED USE. All rights not expressly granted herein are retained by eConnective.co.uk and its licensors. Except as stated above, this Agreement does not grant the Customer any intellectual property rights in the Software. Customer shall not rent, lease, transfer or sublicense the Software. Customer shall not under any circumstances nor shall Customer permit a third party to (i) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software or (ii) prepare derivative of the Software or (iii) remove any product identification, eConnective.co.uk, trademark or other notice from the Software. Any such copy made by you shall be subject to this Agreement and shall contain all of eConnective.co.uk's notices regarding eConnective.co.uk's, trademarks and other proprietary rights as contained in the Software originally provided to you.

TITLE. The Software's organization, structure, sequence, logic, and source code are valuable to the Company. Any and all title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain at any and all times in eConnective.co.uk and/or its suppliers. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable eConnective.co.uk or other law. This License does not give Customer any rights to
such content.

LIMITED WARRANTY. eConnective.co.uk warrants to the Customer, for a period of ninety (90) days from the date of this agreement, installation of Software, or use of services, whichever is earlier, that it will replace any defective media on which the Software is provided and that the Software, if not modified and if properly installed and used, will substantially conform to the material specifications set forth in the documentation, Such warranties are for the Customer's benefit only and are not transferable. eConnective.co.uk does not warrant that the Software will operate error free or uninterrupted or will meet your requirements. Except for the express warranties stated in this section, the
Software are licensed "as is" and eConnective.co.uk specifically excludes and disclaims all warranties of merchantability, fitness for a particular purpose, statutory noninfringement of third party intellectual property rights and any warranty that may arise by reason of trade usage, custom or course of dealing and Customer hereby expressly waives any and all such warranties.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL eConnective.co.uk OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTIER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF
eConnective.co.uk'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EYEN IF eConnective.co.uk SHALL HAVE BEEN INFORMED OF TFE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Spam (unsolicited bulk e-mail) & Undesirable E-mail Services - No spamming is allowed. We reserve the right to cancel anyone spamming immediately and without refund. We also reserve the right to cancel without refund, anyone who causes our company to be blocked by any e-mail service - this includes selling bulk-emailing software and/or e-mailing lists. Spammers will incur a minimum $100 service fee.

If you are found to be engaging in any of the above activities then your account will be terminated without warning and you will not be entitled to any refunds, including the money back guarantee, that you would otherwise have been entitled to on leaving/canceling your account with us.

HIGH RESOURCE USER POLICY Resources are defined as bandwidth and/or processor utilization.

eConnective may at any given time implement the following policy to its sole discretion:

When a website is found to be monopolizing the resources available eConnective reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of servers on which your site will be hosted or any other servers with which your site is associated with.

EXPORT CONTROLS. You may not download, use or otherwise export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded, used or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

PAYMENT POLICIES All accounts are set up on a prepay basis. Although eConnective reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.

For annual accounts, payment is due each anniversary year of the date the account was established. Customers will be expected to renew their account at the end of their prepay period. The account will be automatically charged for the next year unless a cancellation form is submitted.

In situations where the account holder does not renew his/her account (whether yearly or monthly) eConnective will suspend the service after three failed attempts to retrieve the payment. To reactivate the account at this point, there is a $5 reactivation fee plus the monthly or yearly payment due. eConnective does not guarantee that suspended sites will remain intact on our servers.

In addition,eConnective reserves the right to suspend other services by the same customer with an outstanding balance, until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer submits a cancellation form. No other method whether written or verbal will be accepted for cancelling an account.

No bills or invoices will be sent by regular (postal) mail. All invoices will be sent directly to customers via email after the online purchase has been made. At this point the customer's card will be charged automatically.

Money Back Guarantee The 30-day money-back guarantee starts from the date of the purchase as reflected on your pay receipt. The money-back guarantee only applies to $4.99 p/month worth of the eConnective Starter Hosting Plan.

The money back guarantee does NOT apply to:
(i) Domain Name registrations (Domain names are like property, once we have registered them for you, we can not undo the registration hence we cant offer a refund for them, this also applies to names registered incorrectly as a result of your having made a mistake during the signup process, so make sure you check the name you have filled in before you proceed to make payment.) and ;
(ii) Secure Servers Services (a) Search Engines Submissions (b) E-Commerce Solution (c) Quick Shopping Cart (d) Fax-via-Email (e) Virtual Dedicated Server (f) Dedicated Server and (g) Web Designing Solution.

To receive money back according to our guarantee, the customer must use contact form and must select cancellation option. The cancellation form dates the day of cancellation and if that date is within 30 days of the customer's signup date, the money is refunded and a confirmation of cancellation is sent.

CANCELLATION AND REFUNDS eConnective reserves the right to cancel services at any time. In this event that this cancellation is not due to a violation of the terms of service, customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes eConnective service usage policy and or our terms of agreement a refund will only be issued at our discretion.

Customers may cancel their account at any time. However, they MUST cancel using contact form and must select cancellation option. Any incentives or "promotional gifts" offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

Fees charged on a prepay basis are only refundable where the money-back guarantee applies (see above).

TERMINATION. This Agreement is effective until terminated. eConnective.co.uk may terminate this Agreement immediately if Customer attempts to reverse engineer the Software or otherwise violate any of the restrictive uses as described herein. Otherwise, this Agreement may be terminated by either party for a breach of any of its material terms, provided the non-breaching party provides to the breaching party 30 days written notice describing such breach and offering the breaching party an opportunity to cure. Failure to cure a material breach within the notice period shall result in automatic termination of this Agreement. Should this Agreement be terminated for your material breach, Customer agrees to remove all copies of the Software or any part of the Software from any and all computer storage devices, and destroy the Software and all Documentation. At eConnective.co.uk's request, Customer or any of Customer's authorized signatory on the account, shall certify in writing to eConnective.co.uk that all complete and partial copies of the Software and the Documentation have been destroyed and that none remain in Customer's possession or under its control. The provisions of this Agreement except for the Section 1, "License Grant," shall survive.


MISCELLANEOUS. This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO TIE TFRMS SET
FORTH HEREIN, AND eConnective.co.uk AGREES TO FURNISH TFE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make. It enforceable, and such decision shall not affect the enforceability
(i) of such provision under other circumstances or
(ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the law of eConnective.co.uk <state> as such law applies to agreements between eConnective.co.uk <state> residents entered into and to be performed entirely within eConnective.co.uk <state>, except as governed by Federal Law. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly
excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor / manufacturer is eConnective.co.uk. 79 Wentworth Way, Sanderstead, London, NA CR2 9EZ

DISCLAIMER eConnective.co.uk will not be responsible for any damages your business may suffer. eConnective.co.uk makes no warranties of any kind, expressed or implied for services we provide. eConnective.co.uk disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, server malfunctions, missed backups, non-deliveries, wrong delivery, and any and all service interruptions caused by eConnective`s proprietors and their employees. eConnective.co.uk reserves the right to revise its policies at any time.


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