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Terms & Conditions

This document sets out the terms of a legally binding contract between you and WebBoss. We have tried to make the process of setting up your website as simple as possible. However, if you are unsure as to the meaning of anything within this agreement you should take legal advice

1. Parties to this Agreement

a. This Agreement is between:

i. WebBoss Ltd (WebBoss) whose registered office is situated at 8 Vaughan Parade, Torquay, Devon TQ2 5EG, and

ii. You being the person shown as the User on the order form or online registration form.

iii. You enter into this Agreement by clicking on the Accept button on the WebBoss website and/or by using the WebBoss System. In doing so you:ge that you have read and agreed to all these terms and conditions and the System Usage Policy;

iv. agree to be bound by all the terms of this Agreement including the System Usage Policy, and

v. if You are acting on behalf of any other person, confirm that You have the authority to act on their behalf.

2. Definitions and Interpretation

a. In this Agreement certain words have defined meanings. The words in the first column below shall have the meaning set out in the second column.

Word or Phrase

Meaning

Agreement

this agreement together with the online registration form completed by You and the System Usage Policy.

Confidential Information

any information of a Party held in any format, whether written, oral or electronic, including but not limited to business plans, products, technical data, specifications, documentation, rules and procedures, contracts, presentations, know-how, product plans, business methods, product functionality, WebBoss System data and Users, software, markets, competitive analysis, databases, formats, methodologies, applications, developments, inventions, processes, payments, delivery and inspection procedures, designs, drawings, algorithms, formulae, or other information related to the Party s business.

Correspondence Address

in the case of WebBoss, 8 Vaughan Parade, Torquay, Devon, TQ2 5EG and, in the case of You, the address set out in the online registration form or such other address as either Party may from to time notify to the other as being the address to which correspondence relating to this Agreement should be sent.

Design And Training Unit

is a period of time allocated to User to design the User s WebBoss website and/or to train the User in the operation of the WebBoss system comprising of any amount of time up to a 15 (fifteen) minute session. If User chooses to end a session in less than 15 (fifteen) minutes this will count as a completely used Unit. The number of Design And Training Units allocated is specified with the specific package purchased.

Fee

means any charge as stated on the WebBoss Website or as stated in any personalised quotation or invoice issued to the User.

Set Up Fee

the Set Up Fee shown on the Online Registration or Order Form including deposit and any other Balance Payment options. In the case where a deposit is paid, the balance is due on handover and/or launch of the website. However If handover and/or launch of the website takes longer than 28 days, or a period of time agreed in writing between WebBoss and You, from the date of the order due to delays caused by the User, then the Balance Payment will then become due.

Initial Fee

the price charged by WebBoss as shown on the WebBoss website or personalised quotation, which includes website design, website build and User training, but excludes Hosting and Hosting And Support Fees.

Intellectual Property

any intellectual property right, whether registered or not, belonging to WebBoss, including but not limited to all trade names, trademarks, patents, goodwill, copyright, know-how, logos, designs, software, and the Confidential Information.

Notice

a notice in writing sent by email by one Party to the email address of another Party.

Parties

the parties to this agreement being WebBoss and the User.

Renewal Date

the date of the month of the start of this Agreement or the date of handover of a website to the User or the User’s client (unless that date falls after the 28th of the month, in which case Renewal Date will be the 28th of each month), which also applies to the Hosting Fee, or the Hosting And Support Fee when charged monthly, but when charged annually the Renewal Date will be on the anniversary of that date.

Renewal Fee

the Renewal Fee shown on the Online Registration form, or the Hosting Fee, or the Hosting And Support Fee. The Renewal Fee applies to all websites that use the WebBoss System unless otherwise specified at the time of order.

Balance Payment

the total balance to be paid by You after the Set Up Fee or Initial Fee (whichever is applicable to the order) has been paid and before handover/or launch of the website.

Hosting Fee

the annual or monthly fee charged by WebBoss to host the User's website.

Hosting And Support Fee

The monthly fee charged by WebBoss to host the User’s website that includes online chat support along with all other support services provided by WebBoss.

Responsible Person

the person designated by the User to make decisions on any aspect of the design and content of the User's website. Only 1 (one) person can be designated by the User and the User must notify WebBoss in writing by email who this person is before any work is carried out by WebBoss.

System Usage Policy

the policy maintained by WebBoss and available on its internet site and referred to in clause 5 below.

Training Unit

is a period of time allocated to User for WebBoss system training comprising of any amount of time up to a 15 (fifteen) minute session. If User chooses to end the session in less than 15 (fifteen) minutes this will count as a completely used Unit. The number of Training Units allocated is specified with the specific package purchased.

Trial Period

is a period of time as specified by WebBoss that a User can use the WebBoss System, prior to being required to pay the either the Initial Fee, and or, Hosting And Support Fee, dependent on WebBoss Product purchased. The Trial can be free or charged for at the discretion of WebBoss.

User

the person identified as the User on the Online Registration or order form and any other person acting on their behalf or with their permission.

User Content

any images, video, data, writing or other material submitted to, stored on or distributed or disseminated by a User via the WebBoss System including any content of users of the User's website.

WebBoss System

the proprietary web content management system designed and maintained by WebBoss to enable the operation of all WebBoss Products, together with such amendments and updates as may be made from time to time, including the web hosting and any other ancillary WebBoss service which may be provided to You.

WebBoss Product

any service provided by WebBoss that utilises the WebBoss System.

WebBoss.io Standard

the WebBoss System, but excluding the eCommerce module, supplied as a website building and management tool on a “do it yourself” basis for the creation and management of a website by the User.

WebBoss.io eCom

the WebBoss System, but including the eCommerce module, supplied as a website building and management tool on a “do it yourself” basis for the creation and management of a website by the User.

WebBoss Starter

the WebBoss System supplied as a website building and management tool on a “do it yourself” basis for the creation and management of a website by the User.

WebBoss Premium

The WebBoss System supplied as a website building and management tool and including the allocated number of hours of design work provided by WebBoss as stated on the WebBoss website or as agreed with User at the time of the order.

WebBoss Enterprise

The WebBoss System supplied as a website building and management tool and including the allocated number of hours of design work provided by WebBoss as stated on the WebBoss website or as agreed with User at the time of the order. In addition to this there is an ongoing Management Service of 30 minutes per month during the term of this agreement.

WebBoss Enterprise Plus

The WebBoss System supplied as a website building and management tool and including the allocated number of hours of design work provided by WebBoss as stated on the WebBoss website or as agreed at the time of the order. In addition to this there is an ongoing Management Service of 60 minutes per month during the term of this agreement.

WebBoss Custom

The WebBoss System supplied as a website building and management tool and including the
allocated number of hours of design work and or, User training and or, other services
provided by WebBoss as agreed at the time of the order.

InstanteCom

a restricted and limited use version of the WebBoss System, as described on the WebBoss website and other sales literature, which may vary from time to time.

InstaCode

a restricted and limited use version of the WebBoss System, as described on the WebBoss website and other sales literature, which may vary from time to time.

InstaBlog

a restricted and limited use version of the WebBoss System, as described on the WebBoss website and other sales literature, which may vary from time to time.

WebBoss Intro

a restricted and limited use version of the WebBoss System, as described on the WebBoss website and other sales literature, which may vary from time to time.

Management Service

Various website related services provided by WebBoss that are as agreed with the User, which is forms part of the WebBoss Enterprise and WebBoss Enterprise Plus packages or may be provided as a separately charged service to a User.

Online Registration

method used to place an order with WebBoss, which can be an online registration form or, by email or any other method of communication.

WebBoss

WebBoss Ltd.

You

the User.

b. In this Agreement, words in the singular shall also include the plural and words in the masculine gender shall also include the female and vice versa in both cases.

c. The sub-headings in this Agreement are included solely for ease of reference and do not form part of the Agreement.

3. Fees

(1) You agree to pay whichever of the following are defined in Your order:

a. the Set Up Fee, and or

b. the Initial Fee

c. the Balance Payment where applicable

d. the Renewal Fee, and or

e. Hosting Fee, or

f. Hosting And Support Fee

g. charges for any other Management Services provided by WebBoss as requested by You.

(2) Fees will be payable by a method specified by WebBoss.

(3) WebBoss may increase the Renewal Fee, Hosting Fee and Hosting And Support Fee but must give at least 30 days Notice of any increase. Any increase will take effect from the next Renewal Date, or due date after the Notice has expired.

4. Term of this Agreement

(1) The Term shall start on the date shown on the Online Registration or, when any deposit is paid, and unless terminated under Clause 5 below, or at the expiration of a Trial Period, it will be renewed on the Renewal Date. This Agreement will not be binding on WebBoss until the Set Up Fee, or the Initial Fee, or the Renewal Fee is paid. This Agreement is renewable monthly.

(2) On each Renewal Date You agree to pay the Renewal Fee and, where you have authorised us to do so, to allow us to debit the amount of the Renewal Fee automatically from your credit card, bank account or payment service, as notified to us on the Online Registration Form or by any other method, until this Agreement is terminated.

(3) Clause 4 (2) above applies to all WebBoss Products unless agreed in writing at the time of the order.

(4) Trial Periods, The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

5. Usage of the WebBoss System

Usage of the WebBoss System is subject to the System Usage Policy which forms part of this Agreement. In the event of any inconsistencies between these terms and conditions and the System Usage Policy, the terms of the System Usage Policy will prevail.

(2) WebBoss does not monitor User Content on a regular or systematic basis but will take action if notified of any breach of the System Usage Policy. At all times, You are solely responsible for any User Content and other activities on Your Website. You are responsible for ensuring that all users of Your Website are aware of and abide by the terms of the System Usage Policy at all times.

(3) In the event of a breach of the System Usage Policy, WebBoss may:

(a) terminate this Agreement without Notice,

(b) take such immediate remedial action, including but not limited to, the removal of some or all of the User Content, the termination of any links, connections or other functionality or the discontinuance of the WebBoss System for some or all of the Users or the User s users.

(4) Where WebBoss takes action for a breach of the System Usage Policy, WebBoss is under no obligation to refund to the User any fees already paid. You hereby agree that WebBoss shall have no liability to You or any other person, including Your users, in the event that WebBoss takes action under clause 5 (3) above.

(5) WebBoss has no control over the data which is transmitted via the WebBoss System and does not routinely examine or modify data which Users are sending or receiving. WebBoss is a mere conduit for the purposes of the Electronic Commerce (EC Directive) Regulations 2002.

6. The WebBoss System

The WebBoss System is a proprietary web management system enabling Users to customise their own website. WebBoss also provides hosting facilities. Some of these services are provided by WebBoss and in some cases, all or part of the service may be provided by a third party and/or WebBoss acting as a reseller of such services.

(1) For Users that purchase an upgrade package from WebBoss.io or InstanteCom or InstaCode or InstaBlog or WebBoss Intro, WebBoss will provide an unrestricted WebBoss System and hosting as per the terms specified at the time of the order.

(2) For Users that purchase the WebBoss Premium or WebBoss Enterprise or WebBoss Enterprise Plus packages, WebBoss will provide User with Design And Training, which will only be carried by WebBoss in conjunction with the Responsible Person and with no other person or persons unless mutually agreed and confirmed in writing by WebBoss.

(3) Additional design and/or training and/or web development services may be provided by WebBoss on an individual User basis, which will be quoted and charged for accordingly.

(4) During the Term of this agreement, WebBoss offers free online support for the User with regard to operating the WebBoss system and such online support may comprise of any number of, or combination of, the following methods at the sole discretion of WebBoss:

(a) access to online WebBoss System user manual(s) or other hosted text documents.

(b) access to training videos.

(c) access to the ticket support service in the Users help and support section.

(d) email or other form of communication via the Internet.

(e) live online chat service.

(e) any automated form of communication known or yet unknown.

7. During the Term of this agreement, WebBoss may offer specialised chargeable personal support services that may comprise of telephone conversations, or Internet voice conversations (VOIP), or screen sharing communication in association with any of the services in the aforementioned clause 6 (6) and the charge for such services will at the rate if displayed on the WebBoss website, or by quotation by WebBoss on an individual User basis.

8. WebBoss, will during the term of this Agreement, maintain the WebBoss System and website and, from time to time, make available such updates as it considers appropriate to maintain the commercial attractiveness and efficiency of the WebBoss System.

9. During the Term of this agreement, You as a WebBoss customer may be offered discounted or free services from third party suppliers. Any agreement You enter into regarding such services is between You and the third party supplier and WebBoss is not party in any way whatsoever to any such agreements entered into.

10. User is responsible for all Terms and Conditions, Privacy Policies, Legal Statements and any other compliance requirements appertaining to User s website and WebBoss will not be liable for any failure of User to abide by any such requirements whatsoever and User acknowledges that WebBoss advises User to seek professional legal advice regarding such matters.

11. You must notify WebBoss within 30 days from the date of this Agreement of any problems with the WebBoss System. If you fail to do this, you will be treated as having accepted any defects.

12. Spam, Privacy and other matters

(1) You must not use the WebBoss System:

(a) to send, receive, upload, download, transmit, display, process or use any data or other material which:

(i) is confidential, abusive, indecent, obscene, defamatory, racist, offensive, menacing or infringes any copyright, trade mark or any other intellectual property rights;

(ii) contains any malicious software, viruses, worms, trojan horses or similar;

(iii) is illegal or breaks any regulation or statutory or regulatory requirement; or

(b) in a way which may harm or damage the WebBoss System or its other users;

(c) to carry out, or in connection with the carrying out of, any criminal offence;

(d) in breach of the Privacy and Electronic Communications Regulations 2003 (or any equivalent regulations);

(e) contrary to any instructions given to you by WebBoss or any person acting on its behalf.

(2) You must comply with the terms of any software licenses, website terms of use, web-hosting agreements or similar matters relating to the WebBoss System, including those applicable to any parts of the WebBoss System provided by third parties.

(3) Both Parties agree that they will not do, or refrain from doing, anything which would put either Party in breach of their obligations under the Data Protection Act 1998, as amended, or any re-enactment thereof or under similar legislation relating to data protection.

(4) Both Parties agree to co-operate with each other in the operation of the WebBoss System. In particular, You agree to allow WebBoss to act on your behalf in accessing the System to ensure the integrity of the system and any data held on it. In doing so, WebBoss will not act as the controller of any data held by You.

(5) You agree to allow WebBoss to use images of Your website and use Your URL for promoting WebBoss in any form of advertising or media whatsoever.

13. Force majeure and altered circumstances

(1) No Party to this Agreement shall be liable in damages or have the right to terminate this Agreement for any delay or default if such delay or default is caused by conditions beyond its control including, but not limited to, illness, Acts of God, changes to the law of any country, restrictions imposed by any Government or other competent authority, wars whether declared or not, insurrections, acts of terrorism and/or any other cause beyond the reasonable control of the Party whose performance is affected.

(2) Should there be a change in the law, taxation or other regulatory requirement or in the interpretation thereof, or developments in technology or changes in the general economic situation or the market for web content management systems which, in the reasonable opinion of WebBoss, renders it impossible or commercially unviable to maintain the continuous operation of the WebBoss System, WebBoss reserves the right to make such changes to the WebBoss System, including its termination or suspension, and to this Agreement, as it reasonably considers necessary to maintain the commercial viability of WebBoss. This right is without prejudice to the right of WebBoss to make such changes to the WebBoss System as it from time to time considers desirable to preserve the commercial attractiveness and efficiency of the WebBoss System.

14. Breach and termination

(1) This Agreement may be terminated or cancelled:

(a) by You, if You are using WebBoss under a Trial Period within 14 days of the start of the Trial Period by allowing the trial to expire, or by requesting that WebBoss deletes Your website.

(b) by You at any time giving by giving 30 days notice in which case no refund of either the Set Up Fee or the Renewal Fee will be made.

(c) by WebBoss at any time in the event of non-payment by You of any fees due to WebBoss, in which case no refund of either the Set Up Fee or Renewal Fee will be made;

(d) by WebBoss at any time without Notice, if WebBoss is of the opinion, in its absolute discretion, that You are in breach of any term or condition of this Agreement and related agreements, including the System Usage Policy, or if Your use of the WebBoss System disrupts or, if WebBoss is of the opinion, in its absolute discretion, Your use could disrupt WebBoss business, the WebBoss System or the use of the WebBoss System by any person, in which case no refund of either the Set Up Fee or Renewal Fee will be made, and.

(e) by WebBoss at any time without Notice, if WebBoss is of the opinion, in its absolute discretion, that the termination is necessary to comply with any legal or regulatory requirement or to comply with any contractual obligation imposed upon WebBoss by any third party service provider, in which case no refund of either the Set Up Fee or Renewal Fee will be made.

15. Consequences of Termination

(1) You must:

(a) cease the use of the WebBoss System, and

(b) pay to WebBoss all sums payable to WebBoss due prior to the termination and, subject to Clause 14 (1) above, no refund will be given in respect of all such sums previously paid under this Agreement.

16. Variation of this Agreement

(1) Subject to (2) and (3) below no variation of this Agreement shall take effect unless it is in writing signed by a duly authorised representative of each of the Parties.

(2) Subject to (3) below, WebBoss has the right to vary this Agreement at any time by giving Notice. Any variation will take effect on the expiry of 30 days from the date of the Notice.

(3) WebBoss will only exercise its right to vary the terms of this Agreement where, in WebBoss reasonable opinion, the variation is required:

(a) to comply with any legal or regulatory requirement or to comply with any contractual obligation imposed upon WebBoss by any third party service provider;

(b) to ensure equity between Users.

(c) to protect WebBoss reasonable commercial interests.

17. Intellectual Property

(1) Save as provided below, all Intellectual Property remains the sole property of WebBoss.

(2) For the purposes solely of providing You with access to the WebBoss system and enabling you to create and manage your own website, WebBoss hereby grants You a limited non-exclusive license to use within the United Kingdom such elements of the Intellectual Property as may be necessary for You to access the WebBoss System and develop Your website.

(3) The license granted under 2 above shall:

(a) cease immediately on the termination of this Agreement for whatever reason, and

(b) not have any monetary value.

(4) You shall not be entitled to assign, create any sub-license or otherwise transfer the license granted under (2) above. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any part of the WebBoss System or the WebBoss website other than where necessary to enable your use of the WebBoss System in accordance with these terms and conditions. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the WebBoss System.

(5) You agree to use Your best endeavours to protect the rights of WebBoss to the Intellectual Property, including, without limitation, co-operating with WebBoss in any action WebBoss may take in respect of any infringement of WebBoss rights to the Intellectual Property by third parties.

18. Notification of significant events

(1) You will notify WebBoss immediately by Notice in the event of any of the following events:

(a) any complaint being made against You and/or WebBoss;

(b) any events which may give WebBoss a right to terminate this Agreement including, but not limited to, the events set out in clause 14 above;

(c) any use of the WebBoss System which is such that it may be unlawful or in breach of any regulatory requirement, and

(d) any use or attempted use of the Intellectual Property other than permitted by this Agreement, including, but not limited to, any copying or attempted copying of the WebBoss System software.

19. Delegation

(1) WebBoss may assign, delegate or sub-contract to any person, or use third party services, to perform, in whole or in part, its obligations under this Agreement, or enter into a novation of this Agreement, with any person.

20. Liability

(1) The internet is a fast moving and complicated environment and WebBoss strives to keep the WebBoss System up to date with the latest developments in technology. Like other software and internet providers, we cannot guarantee that the WebBoss System will be free from errors or will not be subject to service interruptions or other problems. Like other internet users, WebBoss is also reliant on many third parties to provide connectivity and other services, and over which it has little or no control.

(2) For this reason, the WebBoss System is provided "As Is".

(3) To the maximum extent permissible by law, the liability of either Party to the other for any breach of this Agreement, any negligence or other event arising in any other way, out of the subject matter of this Agreement, will not extend to any indirect damage or consequential losses, or to any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect, or in any way connected with the use or performance of the WebBoss System, with the delay or inability to use the WebBoss System or related software, the provision of or failure to provide the WebBoss System, or for any information, software, products, WebBoss System and related graphics obtained through the WebBoss System, or otherwise arising out of the use of the WebBoss System, whether based on contract, tort, negligence, strict liability or otherwise, even if the Party bringing the claim has advised the other of the possibility of those losses, or if they were within the other Party's contemplation.

(4) Subject to (1) and (2) above and (5) below, WebBoss liability for direct losses under this Agreement shall be limited to an amount equal to one month’s Renewal Fee payable by You under this Agreement.

(5) Nothing in this Agreement limits or excludes either Party's liability for:

(a) death or personal injury;

(b) any fraud or for any sort of liability that, by law, cannot be limited or excluded, or

(c) any loss or damage caused by a deliberate breach of this Agreement.

(6) The express undertakings and warranties given by the Parties in this Agreement are in lieu of all other warranties, conditions, terms, undertakings and obligations, whether express or implied by statute, common law, custom, trade usage, course of dealing or in any other way. All of these are excluded to the fullest extent permitted by law.

21. Dispute Resolution “Disputes between the User and WebBoss”

(1) In the event that a dispute arises between You and WebBoss relating to their rights under this Agreement, the Parties agree to adopt the following procedure.

(a) The Parties shall, in the first instance, attempt to resolve any dispute arising out of or relating to this Agreement informally.

(b) In the event that the matter cannot be resolved informally, either Party may by Notice issue a written 'invitation to negotiate'. Following receipt of such Notice, You and the WebBoss Managing Director, or any person nominated by him with full authority to settle the dispute, shall attempt to resolve the dispute by negotiation.

(c) If the matter is not resolved by negotiation within 30 days of receipt of the Notice referred to in (b) above, the Parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the Parties by the President or the Deputy President, for the time being, of the Chartered Institute of Arbitrators.

(d) If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any Party will not participate in an ADR procedure, the dispute may be referred to arbitration by any Party. The seat of the arbitration shall be England and Wales. The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the Parties. Should the Parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any Party may, upon giving written notice to the other Party, apply to the President or the Deputy President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary.

(2) Nothing in this clause shall be construed as prohibiting a Party from applying to a court for interim injunctive relief.

22. Continuing Obligations

(1) The following provisions of this Agreement (the Continuing Provisions) will continue to apply after the termination of this Agreement:

a. Clause 13

b. Clause 1

c. Clause 12 (5)

23. Entire Agreement

(1) This Agreement sets out the entire agreement between the Parties. The Parties confirm that there are no warranties, representations, covenants, or agreements, express or implied, between the Parties, except those set out in this Agreement.

24. Exclusion of Rights of Third Parties

(1) Nothing in this Agreement confers, or purports to confer, any rights on any person other than the Parties.

25. Jurisdiction and Governing Law

(1) This Agreement is governed by the law of England and Wales.

 

This document is referred to and forms part of the terms and conditions for the use of the WebBoss system.

1. Background

The internet is a fast moving and dynamic environment. In order to get the most from your use of the WebBoss System and Website we require all Users to observe this Policy to protect themselves and other Users of the system. Given the wide variations in internet use, it is not possible to anticipate every eventuality and, for this reason:

a. WebBoss may change this policy from time to time without notice. Please check back to the WebBoss Website for the latest version.

b. Users are required to observe both the spirit and letter of this Policy at all times. If you are in any doubt about whether your usage of the WebBoss System is permitted please contact WebBoss.

c. Do not assume that because your proposed usage of the WebBoss System is not mentioned in this Policy that it is permitted. If your usage of the WebBoss System could adversely affect any other User or WebBoss, or if it is similar to anything prohibited by this Policy, you should contact WebBossbefore starting to use the system in that way.

d. Because WebBoss works with selected suppliers who impose similar usage policies, changes to those policies will mean that changes may be required to this Policy.

e. Finally, because things change, it is possible that usage, which has been permitted in the past, may not be allowed in future versions of this Policy, even where WebBoss has expressly allowed this in the past. WebBoss tries to avoid changes which affect existing Users but this cannot be guaranteed.

 

2. Legal, Decent, Honest and Truthful

a. WebBoss is committed to ensuring high standards. All Users are required to ensure that their use of the WebBoss System is:

a. Legal - the system must not be used for any purpose which is contrary to any criminal law, either in the United Kingdom or elsewhere. In particular, Users should be aware of, and observe, the following:

i. the Computer Misuse Act 1990, which prohibits unauthorized access to and damage to computers (hacking);

ii. the Protection of Children Act 1978 and the Criminal Justice Act 1988, which prohibit the making and distribution of indecent images or pseudo-images of children;

iii. the Obscene Publications Act 1959, which prohibits the distribution of obscene material, and

iv. the Telecommunications Act 1984 and the Prevention of Harassment Act 1997, which prohibit the sending of messages or other matter that is grossly offensive or of an indecent, obscene or menacing character and harassment generally.

This is not a complete list and you must also comply with the laws of any other countries where your data may be transmitted over the internet.

b. Decent -even though some adult content may be legal, WebBoss does not permit the WebBoss System to be used to host material which it considers is, or may be, unsuitable for persons under the age of 18. This includes the posting of adult material (e.g. involving nudity or partial nudity) or the promotion of activities (e.g. the sale of alcohol or tobacco) which are prohibited for persons under the age of 18.

c. Honest and truthful -any usage of the system must be honest and truthful. Phishing and fraudulent websites are obviously prohibited. In addition the WebBoss System must not be used for hosting misleading advertising material or the promotion of pyramid or other fraudulent products or services.

 

3. Copyright etc.

Copyright infringement and the infringement of other intellectual property rights, such as patents and trademarks, are unlawful. In the UK, such infringement may be a criminal offence. The WebBoss System must not be used in a way which may infringe another person’s intellectual property rights.

Where necessary, WebBoss will support any action taken to enforce intellectual property rights and may take any action of its own, including the termination of access to the system, to enforce those rights.

 

4. Data Protection and Security

WebBoss observes the requirements of the Data Protection Act 1998. Users must ensure that their usage of the WebBoss System also complies with all data protection requirements, both in the UK and elsewhere. For more information on the UK legislation, and for advice on whether you need to register with the Commissioner, please go to www.ico.gov.uk.

The WebBoss website includes various passwords and logins designed for your protection. Users must keep these secure at all times. Users should adopt a secure password policy to protect themselves (e.g. passwords should have a minimum of 8 characters and use a combination of lower and upper case letters and numbers.) Passwords should not be easily guessed, must be kept secret and not disclosed to anyone. If you think your passwords have been compromised, or that someone has attempted to access the WebBoss System without permission, you must contact us immediately.

WebBoss has no liability for any unauthorized access to the system in cases where You have failed to take reasonable care with the security of the system or a password has been compromised.

Users of the WebBoss System are responsible for any content on the system and any internet traffic generated as a result, even if this is not authorized by the Users.

The WebBoss System must not be used to attempt to breach the security of any computer, device or network. Any User, or other person attempting to do this, will have their services terminated and may face prosecution or other legal sanctions.

 

5. Spam.

Spam emails are annoying and use up valuable bandwidth. In some countries spam email is illegal. Users must not send unsolicited bulk e-mail ( spam ). Users must also ensure that their websites do not include links to other sites which use or promote unsolicited or spam emails.

Users carrying out a bulk mailing campaign must:

a. ensure that the list is one obtained yourself and not from a third party, and

b. follow a double opt-in process (i.e. email addressees must have confirmed their willingness to be emailed by replying to a confirmatory email.)

 

6. Backups and Data Loss.

WebBoss works with its business partners to ensure a reliable service but service interruptions and data loss can occur. Users must ensure that they follow their own back up procedures at all times. This is especially important if a User s data are valuable or the User is required to be registered with the Information Commissioner. WebBoss cannot accept responsibility for any loss, whether direct or indirect, as a result of the loss of data stored on the system.

 

7. Usage Limits.

WebBoss does apply limits to the WebBoss System, dependent on product purchased, which may vary from time to time. These limits are as described on the WebBoss website and in any corresponding sales literature.

For this reason:

WebBoss and its suppliers may monitor website usage (storage and bandwidth);

(1)

a. Users must not use the WebBoss system for file sharing via peer to peer torrent file networks or content linked from external sites, and

b. WebBoss may impose restrictions on any Users whose usage of the WebBoss System is irresponsible in any way.

Where WebBoss decides to take action:

(2)

a. it may do this immediately without notice to the User, and

b. it will endeavour to communicate with the User by email to allow the User to remedy the situation, if this is practical within any time limit specified by WebBoss or its suppliers.

In some cases, WebBoss suppliers may impose further restrictions and Users will be bound by these.

Your co-operation with these requirements is important to ensure the smooth running of all our Users systems. All Users agree to co-operate with WebBoss and its selected suppliers to prevent any disruption to or adverse impact on the operation of the WebBoss System.

 

8. Mere Conduit.

In accordance with the Terms and Conditions, WebBoss and its suppliers are acting as a mere conduit for the purposes of the Electronic Commerce (EC Directive) Regulations 2002. WebBoss and its suppliers are not liable for any unlawful acts carried out using the WebBoss System without their actual knowledge. However, immediately they become aware of evidence which, in their opinion, may indicate that a customer has carried out or intends to carry out an unlawful act, WebBoss and its suppliers may take action to prevent or terminate that unlawful act.

 

9. Breaches of this Policy.

Where a breach of this Policy is as a result of an inadvertent error or the unauthorized activity of a third party, WebBoss will try to resolve this without suspending or terminating access to the WebBoss System. However, this may not always be possible.

Users should note that any breach of this Policy may be dealt with in accordance with the WebBoss Website Terms and Conditions. In addition to WebBoss right to terminate under those terms and conditions, WebBoss can also take other action, such as suspending services or modifying them. WebBoss can do this immediately and without notice.

 

10. Liability, Definitions etc.

Nothing in this Policy will affect the restrictions on the liability of WebBoss contained in the Terms and Conditions.

In this Policy the terms WebBoss, the WebBoss System and User shall have the same meaning as in the Terms and Conditions.

 

Terms Last Updated: 30th October 2019

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