Tag4 :: Privacy Policy

Yourweb

Email accounts

Web hosting

Dedicated servers

Tag4 Limited - Terms & Conditions

See also: Registration Agreement and Uniform Domain Name Dispute Resolution Policy

A GENERAL

1 Definitions
1.1 In these Conditions, the following words and expressions have the following meanings:

'Back-up Services', means the data back-up and storage service provided by Tag4 and detailed in Section B of these Conditions;

'Co-location Services', means the website co-location services provided by Tag4 and detailed in Section B of these Conditions;

'Co-location Data Centre', means the physical location in which Co-location Services are provided;

'Conditions', means these terms and conditions;

'Contract', means the contract for the provision of Services by Tag4 to the Customer governed by the Order Form and these Conditions;

'Customer', means the customer to whom Tag4 has agreed to provide the Services and whose details appear on the Order Form;

'Customer Server', means any computer server equipment operated and owned by the Customer;

'Customer Site', means any Website of the Customer, which is the subject of the Hosting Services;

'Dedicated Server', means the computer server equipment provided by Tag4 for the sole use of a single customer;

'Dedicated Server Services',means the provision of a Dedicated Server for use by the Customer;

'Virtualized Server', means a virtual portion of a Dedicated server provided by Tag4 for the sole use of a single customer;

'Virtualized Server Services',means the provision of a Virtualized Server for use by the Customer;

'Tag4', means Tag4 Limited. (Company Number: 4943949) trading as 'Tag4', whose registered office is at Montpelier House, 99 Montpelier Rd, Brighton, BN1 3BE , and its employees, agents or sub-contractors (as appropriate);

'Tag4 Server', means the computer server equipment operated by Tag4 for the provision of the Hosting Services;

'Email Services', means the email services provided by Tag4 and detailed in Section C of these Conditions;

'Fees', means the fees published (including the Pre-registration Fee and Deposit payable in respect of the Pre-registration Services) by or on behalf of Tag4 from time to time on the Website and payable in pounds sterling;

'Hosting Services', means Web-Hosting Services, Email Services, Co-location Services, Dedicated or Virtualized Server Services and Back-up Services, collectively known as the Hosting Services and detailed in Section C of these Conditions;

'Intellectual Property Rights', means any intellectual property rights or other proprietary rights including but not limited to copyright, design rights, trademarks or names and patents in each case whether registered or unregistered names;

'Order', means the Customers application for the Services

'Order Form', means the order form and customer sign-up pages annexed to these Conditions or as displayed by or on behalf of Tag4 on the Website as at or prior to the date of the Contract;

'Regulations', means the Consumer Protection (Distance Selling) Regulations 2000;

'Secure Hosting Services', means the website hosting services provided on Tag4's Secure Server and detailed in Section C of these Conditions;

'Secure Server', means a Tag4 Server that has a recognised digital certificate installed to allow SSL (Secure Socket Layer) encryption;

'Services', means any services provided by Tag4 to the Customer under this Agreement including without limitation Pre-registration Services, Hosting Services, Email Services, Web Re-direction Services, Co-location Services, Dedicated or Virtualized Server Services.

'Web-Hosting Services', means the website hosting services provided by Tag4 and detailed in Section C of these Conditions;

'Website', means Tag4's Website accessible via the Internet address or such other address, as Tag4 shall notify to the customer from time to time.

Section A

1. 'Web Re-direction'
Means a service provided by Tag4 whereby a domain can be configured so that it re-directs an Internet user to a website located at a different Internet address.

1.2 Where appropriate, words denoting a singular number only shall include the plural and vice versa and words referring to an individual shall include a firm or company as appropriate and vice versa.

1.3 References to any statute or statutory provision include a reference to that statute or statutory provision as from time to time amended, extended or re-enacted or consolidated and all statutory instruments or orders made pursuant to it.

1.4 All warranties, representations, indemnities, covenants, agreements and obligations given or entered into by more than one person in this Agreement are given or entered into jointly and severally.

1.5 The headings in these Conditions are inserted only for convenience and shall not affect their construction.

2 Application of Conditions

2.1 These Conditions, the Order Form and any terms specifically agreed in writing by Tag4 supersede any terms stipulated by the Customer in any negotiations or any course of dealing between Tag4 and the Customer.

2.2 The Customer acknowledges that there are no representations outside the Contract that have induced it to enter into the Contract, and the Contract constitutes the entire understanding between the parties for the provision of the Services. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.

2.3 Unless otherwise provided in these Conditions no modification of the Contract shall be effective unless agreed in writing by a duly authorised representative of Tag4.

2.4 Tag4 may from time to time amend these Conditions and any such amendment will be displayed at least one month prior to the implementation of the amendment. If the Customer is a consumer it may end the Contract by written notice at any time up to the date on which the amendment comes into force. Should the Customer place an Order or continue to use the Services following implementation of an amendment it will be deemed to have accepted the amendment.

3 Obligations of the Customer

3.1 The Customer shall not:

3.1.1 submit to Tag4 any Order that it knows or should (after reasonable enquiry) have discovered, infringes or might reasonably be considered to infringe the Intellectual Property Rights of any third party;

3.1.2 use the Tag4 Server or any of the Services in any way that might reasonably be considered to infringe the rights of any third party, including but not limited to trademark infringement, copyright infringement, passing off and defamation.

3.1.3 reverse engineer, de-code or in any way disassemble any software provided by Tag4 in relation to the provision of the Services;

3.1.4 use the Tag4 Server or any of the Services to send, relay, upload, post or receive replies to any unsolicited or unauthorised e-mail messages, mobile phone messaging or any other form of messaging, promotional materials, junk mail, spam, chain letters or other form of solicitation;

3.1.5 advertise a Customer Site, domain or any product or service offered by or through a Customer Site or domain hosted by Tag4 using unsolicited or unauthorised means including junk mail, spam, chain letters or any other form of solicitation; or

3.1.6 enter any incorrect or incomplete name, address, email address or telephone number or any other false information on the Order Form or otherwise enter information intended to conceal the Customer’s identity. The Customer further acknowledges that it is its responsibility to notify Tag4 of any changes to its details and to ensure that those details provided are kept up to date.

3.2 In the event of any breach of the provisions of clause 3.1 by the Customer, Tag4 reserves the right forthwith to withdraw, suspend or cancel the Services.

3.3 The Customer acknowledges that it is solely responsible for maintaining adequate insurance cover in respect of any loss or damage relating to the provision of the Services.

3.4 The Customer acknowledges that the internet is not a completely secure medium of communication, and, whilst Tag4 has taken steps to safeguard the security of some information (i.e payment details) the Customer inputs on the Website or sends to Tag4 on the internet by using secure servers and Secure Sockets Layer ('SSL') technology which encrypts the information the Customer inputs on its system before it is transmitted to Tag4, Tag4 is not and will not be responsible for any damages the Customer may suffer as a result of the loss of confidentiality of such information.

4 Obligations of Tag4

4.1 In the event that the Customer submits any Order or uses any or all of the Services in such a way as may in Tag4’s opinion expose Tag4 to the risk of legal or other proceedings or expose Tag4 to loss or damage of any kind, Tag4 reserves the right to refuse to process or continue processing any Order or to withdraw, suspend or cancel the Services or take any other action as it in its absolute discretion it sees fit.

4.2 Tag4 will comply with all applicable data protection legislation in relation to the personal details that the Customer provides on the Order Form. All information provided to Tag4 will be dealt with in accordance with Tag4’s privacy policy which can be found on the website. The Customer acknowledges that Tag4 is under no obligation to edit, review or modify information provided by or on behalf of the Customer. In order to maintain the integrity of the service, Tag4 reserves the right to forward contact details to the police, or other regulatory authorities where requested to do so, Tag4 may also forward contact details where a complaint arises concerning the Customer’s use of the Service and where that use is deemed by Tag4 to be inconsistent with these user conditions.

4.3 In the event that software that has been developed by third parties ('Third Party Software') is available to the Customer through the Website and such Third Party Software is licensed to the Customer pursuant to separate terms ('Third Party Licenses') the Customer agrees that he has had the opportunity to review the Third Party Licenses and agrees to comply with them. In the event of a conflict between these Conditions and a term of a Third Party License, the terms of the Third Party License controls with respect to the applicable Third Party Software only.

5 Fees

5.1 The Customer shall pay to Tag4 the Fees, inclusive of any additional costs incurred by Tag4 in processing an Order (subject to clause 5.4).

5.2 The Fees shall be paid by the Customer, as detailed on the Website, without set off or counterclaim.

5.3 The Customer acknowledges that the provision of the Services is conditional on Tag4 receiving payment of the Fees in full and in the event of non-payment of Fees or suspected fraudulent activity in relation to payment of Fees by the Customer, Tag4 reserves the right forthwith to withhold, suspend or cancel the Services.

5.4 The Customer acknowledges that occasionally unforeseen charges are incurred in processing Orders. Tag4 shall obtain the Customer’s written consent before incurring such charges.

5.5 Interest will be charged on overdue accounts at a rate of 5 % above the base rate from time to time in force of Barclays Bank PLC or such other rate as may be published on the Website. Such interest will be calculated on a daily basis from the date payment was due until the date payment is received (including any time following the entry of judgement) and will be compounded monthly.

6 Bulk Discounts

If the Customer places an Order for multiple items where the relevant Fee is advertised on the Website as a discounted Fee and one or more of the items ordered is unavailable then Tag4 reserves the right to charge the Customer for the advertised discounted Fee for the number of items actually available.

7 Refunds and Credits

Unless otherwise provided in the Contract the Customer shall not be entitled to any refund of Fees or a credit against any future Order.

8 Indemnity

The Customer shall indemnify Tag4 and keep Tag4 fully indemnified from and against all liability, claims, costs, losses, loss of profits, expenses, business interruption, and other pecuniary or consequential loss (including reasonable legal costs and expenses) suffered or incurred by Tag4 as a result of:-

(i) access to and/or use of the Services by the Customer;

(ii) any information, data or material produced, transmitted or downloaded by the Customer;

(iii) any breach by the Customer of any of the provisions of these Conditions or of any law, code or regulation relating thereto or to the internet.

9 Limitation of Liability

9.1 Tag4 warrants to the Customer that the Services will be provided using reasonable care and skill.

9.2 Except as set out expressly in these conditions, Tag4 excludes all conditions, terms, warranties and representations (other than fraudulent representations) in relation to the whole or part of the Services whether imposed by statute or operation of law or otherwise including but not limited to implied warranties or conditions of accuracy, completeness, satisfactory quality and fitness for a particular purpose.

9.3 Whilst Tag4 makes no attempt in the Contract to limit its liability for death or personal injury arising from its negligence, in no circumstances shall Tag4 be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof for:

9.3.1 any increased costs or expenses;

9.3.2 any loss of profit, business, contracts, revenues, or anticipated savings;

9.3.5 the consequences of any errors or interruption in the Services ;

9.3.6 any failure of e-mail including without limitation non-receipt and mis-routing; or

9.3.7 any changes in any of Tag4’s facilities, operations, procedures, products or Services which render obsolete or require modification of or alteration to the Customer’s equipment or software;

9.3.8 any special indirect or consequential damage of any nature whatsoever, arising directly or indirectly out of the provision by Tag4 of the Services or the performance by Tag4 of the Contract.

9.4 Notwithstanding anything contained in the Contract Tag4’s liability to the Customer in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the Fees paid by the Customer for the Services.

9.5 The Customer expressly acknowledges that the provisions of this clause 9 satisfy the requirements of reasonableness specified in the Unfair Contract Terms Act 1977 and that it shall be stopped from claiming to the contrary at any future date in the event of any dispute with Tag4 concerning Tag4’s liability hereunder.

9.6 Where the Services are performed under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions.

10. Suspension and Termination

Without prejudice to any of its other rights, either party shall have the right to immediately terminate the Contract and Tag4 may also suspend or restrict the Services to the Customer, if:

10.1 the Customer commits any material or repeated breach of the Contract and/or, fails to remedy any breach, which is capable of being remedied within fourteen days of receipt of a notice requiring it to remedy such breach. For the purpose of this clause a breach of clauses 3, 4 or 5 may be deemed a non-remediable breach and Tag4 may immediately suspend or restrict the Services without notice to a Customer breaching these clauses. In the case of a suspected breach by the Customer Tag4 will take whatever steps it believes necessary to investigate and resolve matters;

10.2 the other is unable to pay its debts or enters into compulsory or voluntary liquidation (other than for the purpose of affecting a reconstruction or amalgamation in such manner that the company resulting from such reconstruction or amalgamation if a different legal entity shall agree to be bound by and assume the obligations of a relevant party under the Contract) or compounds with or convenes a meeting of its creditors or has a Receiver or Manager or an Administrator appointed over its assets or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the party terminating means that the other may be unable to pay its debts.

11. Resellers

11.1 If the Customer is acting in the capacity of a reseller of the Services or on behalf of a third party the Customer agrees:-

11.1.1 to ensure that its customers or the third party are bound by the Conditions or terms and conditions no less exhaustive than the Conditions;

11.1.2 to ensure that at all times it acts in accordance with its customers’ instructions;

11.1.3 to ensure that it seeks permission from its customers before passing any of their personal details to Tag4;

11.1.4 to provide all appropriate support to its customers including without limitation general customer services, billing and collection of fees and technical support;

11.1.6 not to incur any liability on the part of Tag4; and

11.1.7 not to make any representation or warranty on behalf of or pledge the credit of or otherwise bind Tag4

11.2 Tag4 reserves the right to contract with the Customer’s customer directly in relation to the provision of the Services on termination of the Contract with the Customer howsoever arising and/or in the event that Tag4 is unable to contact the Customer and/or in the event that Tag4 receives a complaint from the Customer’s customer providing that the Customers customer has requested Tag4 to contract with them.

12. Proprietary Rights

The Customer acknowledges that all title, rights and interest in the Services shall remain with Tag4 and/or its suppliers and that the Customer shall not under any circumstances obtain any proprietary rights in respect of the Services.

13. Force Majeure

Neither party shall be in breach of the Contract if there is any total or partial failure of performance by it of its duties and obligations under the Contract occasioned by any act of God, fire, act of Government or State, war, civil commotion, insurrection, embargo, labour disputes of whatever nature and any other reason beyond the control of either party. If either party is unable to perform its duties and obligations under the Contract as a direct result of the effect of one of those reasons, that party shall give written notice to the other of the inability which sets out full details of the reason in question. The operation of the Contract shall be suspended during the period in which the reason continues. Forthwith upon the reason ceasing to exist, the party relying upon it shall give written advice to the other of this fact. If the reason continues for a period which substantially affects the commercial intention of the Contract, the party not claiming relief under this clause 13 shall have the right to terminate the Contract upon giving 7 day’s written notice of such termination to the other party.

14. Assignment

The Contract is personal to the Customer and the Customer’s rights may not be assigned, sub-licensed or transferred in any way.

15. Severability

Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of the Contract howsoever occasioned.

16. No Waiver

No waiver by Tag4 shall be construed as a waiver of any preceding or succeeding breach of any provision.

17. Notices

Any notice or other documents given under the Contract shall be given in writing and in English and shall be deemed to have been duly given on the date of dispatch if hand delivered or sent by first class post, express, airmail, other fast postal service, registered post or telex, facsimile or other electronic media to the last known address of the party to whom the notice is addressed. To prove the giving of notice or other document it shall be sufficient to show that it was dispatched.

18. Governing Law

The validity, construction and performance of the Contract shall be governed by English law and the parties hereby submit to the jurisdiction of the English Courts.

Section B

WEB-HOSTING, SECURE HOSTING, SITE SEALS, EMAIL, CO-LOCATION, DEDICATED SERVERS, VIRTUALIZED SERVERS AND BACK-UPS

This Section B together with Section A of the Conditions constitute the terms of the Web-Hosting Services, the Email Services the Co-location Services, Dedicated or Virtualized Server Services and Back-up Services, collectively known as the Hosting Services

1. Licence

In accepting the Customer’s application to subscribe to the Hosting Services, Tag4 grants the Customer a non-exclusive, non-transferable, royalty free and restricted licence to use the requested services package, as published on the website at the time such services are purchased.

2. Provision of Services

2.1 The facilities and services provided within the Services will be defined by the description of the services applied for by the Customer on the Website at the time of the application, including but not limited to the specification of the storage space and data transfer that will be made be available. If the storage or data transfer limits are exceeded, it will be necessary for the Customer to upgrade the Services or purchase additional storage and/or data transfer as required.

2.2 Whilst Tag4 undertakes to use reasonable endeavours to provide the Services promptly following the Customer’s application, it is possible that restrictions in the availability of resources may lead to a delay.

2.3 Whilst Tag4 undertakes to use reasonable endeavours to maintain an acceptable level of security, it cannot give any guarantee regarding the security of material hosted on the Tag4 Server or Customer Server.

2.4 Whilst Tag4 undertakes to use reasonable endeavours in the provision of the Services, it does not guarantee that provision of the Services will be error-free or uninterrupted.

2.5 Tag4 may from time to time have to suspend the Services for repair, maintenance or improvement and in such circumstances Tag4 undertakes to notify the Customer as far in advance as possible and to endeavour to keep the period of suspension to the minimum length of time necessary to carry out such works.

2.6 In light of clauses 2.3, 2.4 and 2.5 above the Customer accepts that the Services are not intended to be used in circumstances where fail-safe performance is required.

2.7 Tag4 reserves the right to suspend or modify the Services if the Customer’s continued use of the Services is determined, at Tag4’s sole discretion, to be detrimental to the running of any Tag4 Server or to the use of the Services by any other Customer.

2.8 Tag4 reserves the right to terminate the Contract for the provision of Services at any time. If Tag4 exercises this right for any reason other than as described elsewhere in these Conditions, Tag4 will give 30 days notice of termination and will refund the Fees.

2.9 Tag4 reserves the right to monitor the Customer Site, the Tag4 Server and the Customer Server and the Customer’s use of the Hosting Services and shall be entitled at all times and without notice to refuse to host any material and/or to suspend availability of the Customer Site or other Hosting Services and/or to remove any material which Tag4 in its sole discretion believes contravenes any of the warranties in clause 3 below or otherwise harms Tag4.

2.10 Where Tag4 proposes to take action pursuant to clause 2.9 above it shall notify the Customer of its action as soon as possible.

2.11 Tag4’s rights to suspend availability of the Customer Site or other Hosting Services and/or remove material is without prejudice to the Customer’s sole responsibility for the content of the Customer Site or other Hosting Services and to the warranties given by the Customer under clause 3 below.

2.12 The Customer acknowledges that hosting of the Customer Site, the provision of the Customer email account, the co-location of the Customer Server and the rental of a Dedicated or Virtualized Server by Tag4 does not amount to Tag4’s approval of the Customer Site or material on the site or the Customer’s use of email or the Tag4 Server or Customer Server and shall not under any circumstances constitute a waiver of any of Tag4’s rights or the Customer’s obligations under this Agreement.

2.13 On termination of the Contract, howsoever arising, Tag4 shall be entitled to immediately stop access to and to remove all material from the Customer Site, Dedicated or Virtualized Server and email account and also to post an appropriate notice regarding the lack of availability of the Customer Site, Dedicated Server and email account

2.14 Unless the Customer has purchased the Back-up Services in connection with the Hosting Services, the Customer shall be solely responsible for making and maintaining its own back-ups of any material on the Customer Site, email account, Tag4 Server and Customer Server and acknowledges that Tag4 cannot be held responsible for the consequences of any loss of such material.

2.15 In relation to the Co-location Services:

2.15.1 Tag4 will, on request, perform a hard re-boot on the Customer Server during normal office hours. Tag4’s obligation in this respect will be limited to a maximum of four hard re-boots per calendar month;

2.15.2 On request, the Customer will be granted access to the Customer Server at the Co-location Data Centre. This access will take place during normal office hours and will be granted up to a maximum of four times per calendar month. At least two working days notice should be given when access is required. In an emergency Tag4 will endeavour to grant access at shorter notice, but no guarantee of this can be undertaken;

2.15.3 The Customer Server is the property of the Customer and may be removed from the Co-location Data Centre by the Customer. The Customer should give two working days written notice if the Customer Server is to be removed. Once removed, the agreement to provide Co-location Services will be terminated and the Customer will have no further right to this service.

2.16 In relation to the use of email aliases and sub-domains:

2.16.1 If the Customer applies to use an email alias or sub-domain attached to a domain not owned by the Customer, Tag4 cannot guarantee that the desired alias or sub-domain will be available;

2.16.2 If the Customer applies to use an email alias or sub-domain attached to a domain not owned by the Customer, Tag4 cannot guarantee that the selected domain will continue to be available beyond the initial term of the Email or Hosting Services applied for.

2.17 In relation to the Dedicated or Virtualized Server Services:

2.17.1 Tag4 will use commercially reasonable efforts to repair or replace any faulty component in the Tag4 Server, but Tag4 cannot be held liable for any delays due to factors beyond Tag4’s control, including but not limited to delivery delays or non-availability of replacement components;

2.17.2 On request, Tag4 will recover the Tag4 Server on the Customer’s behalf, subject to an annual limit, which is currently set to one such request per year;

2.17.3 Unless the Customer has purchased the Back-up Services in connection with the Hosting Services, a request from the Customer to recover data will result in the server being restored to its original state and any data, programs or web-sites belonging to the Customer will not be retained;

2.17.4 If the Customer so wishes, Tag4 will install upgrades and patches to the Tag4 Server from time to time. Only software that has been approved by the manufacturer of the Tag4 Server will normally be installed, although Tag4 may consider requests for installation of unapproved software at an additional cost, but Tag4 cannot be held responsible for the functioning of a server running unapproved software;

2.17.5 In the event of the Customer requesting full root access to the Tag4 Server, the Customer accepts full responsibility for all management and maintenance of the server, including but not limited to system monitoring and recovery and installation of all upgrades and patches;

2.18 In relation to the Back-up Services:

2.18.1 Tag4 will use reasonable efforts to back up the Customer’s data from the Tag4 Server or Customer Server as defined by the description of the Back-up services on the Website at the time of the application, but Tag4 shall not in any way be responsible or liable for any loss, damage, costs, expenses or other claims for compensation arising from any data, file or material being damaged, corrupted or lost from whatever cause;

2.18.2 If the disk space allocated to the Customer for the Back-up Services is fully utilised, the back-up process will overwrite the oldest data back-up stored at that time, resulting in the loss of the overwritten back-up;

2.18.3 On request, Tag4 will restore data from a data back-up to the Tag4 Server or Customer server, subject to a monthly limit, which is currently set to one such request per month.

2.19 In relation to the Secure Hosting Services and Site Seals:

2.19.1 Verisign have sole authority over the issuing of Site Seals and Shared Certificates and Tag4 cannot be held responsible for any unsuccessful applications, in the event of an application being unsuccessful Tag4 will refund any fees paid in connection with that application;

2.19.2 The provision and use of Shared Certificates and Site Seals is governed by additional terms and conditions laid down by Verisign, which can be reached via the following links:

2.19.2.1 End User Shared Certificate Subscriber Agreement

2.19.2.2 End User Secure Site Seal Subscriber Agreement

2.19.3 All scripting software including but not limited to CGI and PHP scripts must be submitted to Tag4 for approval before being used on the Secure Server, such approval to be granted or denied at Tag4’s sole discretion;

2.19.4 Any scripting software that is determined, at Tag4’s sole discretion, to be detrimental to the running of the Secure Server or any Tag4 Server or to the use of the Services by any other Customer may be removed by Tag4, notwithstanding that it may previously have been approved by Tag4 for use on the Secure Server;

2.19.5 Tag4 will use reasonable efforts to ensure the security of its Secure Hosting Services, including the use of Secure Socket Layer encryption and firewall technology, but Tag4 shall not in any way be responsible or liable for any loss, damage, costs, expenses or other claims for compensation arising from any breach of security from whatever cause.

2.20 The Customer shall be solely responsible for the Customer Site, and the Customer Server (and all material hosted thereon) and all material hosted on the Tag4 Server and for ensuring that the Customer Server and Customer Site function satisfactorily. The Customer recognises that the use of the Hosting Services, the Dedicated or Virtualized Server services and the Co-location Services requires an essential knowledge of matters such as, without limitation, system administration and the languages, software and protocols of the Internet.

2.21 If the Customer is paying for Hosting Services on a monthly basis, Tag4 reserves the right to suspend the Hosting Services in the event of non-payment. If payment is not made within 1 month of suspension, Tag4 may delete the content of the Customer Site and the Tag4 Server and will have no further obligation to the Customer in respect of the Hosting Services.

2.22 If the Services are covered by a Service Level Agreement (SLA), the following conditions apply:

2.22.1 Loss of service caused by events described in clause A13 Force Majeure are excluded and may not be claimed for under the SLA;

2.22.2 Any guarantee relating to server re-boot is subject to the limitation described in 2.15.1 above;

2.22.3 The SLA excludes any server or network unavailability due to scheduled maintenance work for which the Customer has been given advance notification;

2.22.4 Claims under the SLA relating to Dedicated or Virtualized Server Services will be limited to the portion of the fees allocated to the Co-location Services;

2.22.5 If the Customer wishes to make a claim under the SLA, the claim must be made in writing within one month of the incident to which the claim relates.

3 Customer Warranties

The Customer warrants, represents and undertakes:

3.1 that it has the knowledge referred to in clause 2.19. The Customer accepts that it is not the responsibility of Tag4 to ensure that the Customer has such knowledge or to provide such knowledge or support or assistance and that any assistance that may be given is offered purely on a goodwill basis

3.2 that it will obtain all necessary licenses and consents in respect of any material posted on the Customer Site, email account, Tag4 Server or Customer Server prior to posting such material;

3.3 that any material posted on the Customer Site, Tag4 Server or Customer Server or email sent through the Customer email account is not offensive, abusive, indecent, defamatory, obscene, menacing, in breach of confidence, and/or does not infringe the Intellectual Property Rights of any third party or contain a virus or other hostile code or constitute or encourage a criminal offence;

3.4 that it will not transmit any such material from the Customer Site, Tag4 Server or the Customer Server nor will it link to any such material from the Customer Site, Tag4 Server or the Customer Server;

3.5 that it will not nor will it permit or authorise any other party to use the Tag4 Server, the Customer Site or the Customer Server in breach of any law or regulation;

3.6 that it will not nor will it permit or authorise any other party to use the Tag4 Server, the Customer Site or the Customer Server in any way which is or may be detrimental to Tag4;

3.7 to abide by any limitations imposed by Tag4 and to keep secure any confidential information provided by Tag4 including any passwords to use the Hosting Services, the Email Services, Dedicated or Virtualized Server Services or the Co-location Services;

4 Cancellation

4.1 If the Customer is acting as a consumer and not as a business in submitting an Order for any Services, not including Domain Name Services then, pursuant to the Regulations, the Customer may, for a period of seven working days commencing with the day following Tag4’s acceptance of the Order, cancel the Contract by giving notice in accordance with clause 18 of Section A of these Conditions and upon cancellation the Customer shall receive a refund of any Fees paid in relation to the Order in question or a credit against any future Order.

4.2 The Customer accepts that any use of the Services by the Customer will amount to a waiver by the Customer of its right to cancel the Contract under clause 4.1 above.

5 Amendment

Tag4 may from time to time amend the Conditions and any such amendment will be displayed at least one month prior to the implementation of the amendment. If the Customer is a consumer it may end this Agreement by written notice at any time up to the date on which the amendment comes into force. Should the Customer place an Order or continue to use the Services following implementation of an amendment it will be deemed to have accepted the amendment.