terms and conditions

These terms and conditions shall apply to the agreement between Egenica (JKL Design) and the individual or company applying for the provision of services by Egenica (JKL Design) ('the Customer').

It is hereby agreed as follows:

1. Definitions

In this Agreement, the following words and phrases shall have the following meanings:

'Confidential Information' - information that is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary.

'Fees' - the fees (including any VAT) due for the provision of the Services as calculated in accordance with the Price List or such other fee as is agreed.

'Egenica's web site - the web site located at http://www.egenica.com or such other Internet address as may be adopted by Egenica (JKL Design) from time to time.

'Inappropriate Material' - material that under the laws of any jurisdiction where the material can be accessed is or may be any the following: unlawful, threatening, abusive, harmful, obscene, pornographic, malicious, profane, libellous, defamatory, infringes any Intellectual Property Rights, constitutes or encourages a criminal offence or contains a virus, worm, trojan horse or other harmful code.

'Intellectual Property Rights' - copyrights, patents, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.

'Material' - text, graphics, images, sound, video or any combination thereof.

'Name' - any name specifically requested by or allocated to you for the provision of the Services including, without limitation, any domain name or mailbox name.

'Order Form' - an order form provided by Egenica (JKL Design) as available from Egenica (JKL Design) by post or fax on request and completed by the Customer to indicate which Services it requires and its agreement to these terms and conditions governing such provision.

'Price List' - a list of standard prices for each of the Services available on request from Egenica (JKL Design).

'Relevant Legislation' - such laws of England and Wales and the Customer's country as relate to data protection and any laws of England and Wales and the Customer's country governing Inappropriate Material.

'Services' - the services identified on an Order Form to be provided by Egenica (JKL Design) to the Customer pursuant to these terms and conditions and any other specified by Egenica (JKL Design) on such Order Form.

'Web Site' - a web site on the World Wide Web.

2. Payment and Services

2.1 In consideration for the payment of the Fees calculated in accordance with the Price List at the time of the completion of an Order Form by the Customer Egenica (JKL Design) agrees to provide the Services.

2.2 The Customer agrees to make payment for the Services provided under this Agreement on presentation of Egenica (JKL Design)'s invoice.

2.3 If the Customer fails to pay any invoice which is due and payable under this Agreement, Egenica (JKL Design) shall be entitled to charge interest on a daily basis on the overdue amount and on outstanding interest from the date of such failure until payment (both before and after judgement) at an annual rate of 6% above the base rate of Barclays Bank plc for the time being in force.

2.4 Non-delivery or non-performance of services by any third party shall not give the Customer any right to delay any payment to Egenica (JKL Design) or to make any claim whatsoever against Egenica (JKL Design).

2.5 If Egenica (JKL Design) does not receive payment in full within 30 days of the date of the invoice; it may terminate this Agreement as regards any Service requested by the Customer without further obligation to the Customer.

2.6 For the purposes of this Agreement, time of payment is of the essence.

3. Indemnity

3.1 To indemnify and keep indemnified The Customer from and against any and all loss, damage or liability (whether criminal or civil) suffered, and legal fees and costs incurred, by the Customer resulting from a breach of this agreement by Egenica (JKL Design) including:

3.11 Any act or fault of Egenica (JKL Design) employees or agents;

3.12 breaches in respect of any matter arising from the supply of the Services resulting in any successful claim by any third party.

4. Customer Authorisation and Obligations

4.1 The Customer acknowledges and accepts that to enable Egenica (JKL Design) to properly provide the Services it must co-operate with Egenica (JKL Design) as required by Egenica (JKL Design) and, without limitation in particular:

4.1.1 the Customer must provide Egenica (JKL Design) with accurate details of its e-mail and physical addresses and promptly notify Egenica (JKL Design) in writing of any alterations thereto from time to time;

4.1.2 The Customer must obtain the consent of individuals whose personal data are to be held on a domain name register or are otherwise provided to Egenica (JKL Design):

4.1.3 Keep the Customer's user ID and passwords secure so that such ID and passwords are only used by the Customer or those authorised by the Customer.

5. Egenica (JKL Design) Warranties and Limitations of Liability

5.1 In performing our obligations under this Agreement, we shall exercise the reasonable care and skill of a competent Service provider.

5.2 Except as expressly set out in this Agreement, all conditions or warranties which may be implied or incorporated into this Agreement by law or otherwise are hereby expressly excluded to the extent permitted by law. In particular, but without limitation, we exclude any warranty as to the quality or accuracy of information received through the Service.

5.3 You acknowledge and agree that we are unable to exercise control over the content of the information transmitted via the Egenica (JKL Design) network and/or the Service and that we do not examine the use to which customers put the Service or the nature of the information and/or software they are sending or receiving, hence, we hereby exclude all liability of any kind for the transmission or reception of infringing information of whatever nature.

5.4 While we will use all reasonable endeavours to provide a prompt and continuing service, you are responsible for insuring yourself and/or your organisation against all loss of or damage to data, hence, we will not be liable to you for any loss of or damage to data stored/transmitted on/using the Service and/or the Egenica (JKL Design) network.

5.5 You acknowledge and agree that it is your responsibility to adopt appropriate security measures for the protection of computer systems as a result of your use of the Service and/or the Egenica (JKL Design).

5.6 We will not be liable to you, whether in contract, tort or otherwise:

5.6.1 For loss, whether direct or indirect, of business, revenue or profits anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever; or

5.6.2 for the acts or omissions of other providers of telecommunication services or for faults in or failures of their apparatus.

5.7 In any event our liability to you in respect of an event or series of connected events arising out of or in connection with the Agreement, whether in contract, tort or otherwise, shall be limited to the amount of the fee for the Services.

5.8 Each provision of this Clause 5 excluding or limiting liability shall be construed separately and shall apply and survive even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination or expiry of this Agreement.

5.9 Any liability of Egenica (JKL Design) whatever arising under these terms or otherwise in respect of the Service or any product shall be deemed to end six months after the date on which the customer ought reasonably to have known of the event-giving rise to the liability. For the avoidance of doubt, the customer acknowledges and agrees that no claims or actions by the customer can be validly made after the expiry of six months following such date.

6. Termination

6.1 Egenica (JKL Design) may terminate this Agreement by notice in writing to the Customer having immediate effect if:

6.1.1 The Customer is in breach of any of its obligations under this Agreement;

6.1.2 The Customer is a company and a resolution is passed for its winding up or a petition for its liquidation is presented; or

6.1.3 The Customer is an individual and a petition for bankruptcy is presented against it: or

6.1.4 A receiver or liquidator (where the Customer is a company) or (where the Customer is an individual) a trustee in bankruptcy is appointed over it or any of its assets; or

6.1.5 The Customer proposes or enters into any arrangement or composition with or for its creditors (including any voluntary arrangement);

6.1.6 The Customer provides Egenica (JKL Design) with any false, inaccurate or misleading information for the purpose of obtaining Services;

6.2 In the event that any of the circumstances identified in clause 6.1 arises, Egenica (JKL Design) shall have the option to terminate this Agreement as regards all Services provided or to be provided or only as regards that Service or those Services in respect of which the breach is considered by Egenica (JKL Design) to have been committed; and

6.3 In the event that any of the circumstances identified in clause 6.1 arises, Egenica (JKL Design) shall be entitled to retain any sums paid to it by the Customer hereunder and recover any sums due to it pursuant hereto whether invoiced or not at the date of termination.

6.4 Either party may terminate this Agreement on one month's written notice unless otherwise stated for each service.

7. Confidentiality

7.1 Each of the parties agrees (subject to clauses 7.2 and 7.3) not to:

7.1.1 Disclose any confidential information received from the other party; or

7.1.2 Make any use of any such confidential information other than for the purposes of performance of this Agreement.

7.2 Each party may disclose confidential information received from the other to its responsible employees, consultants, sub-contractors or suppliers who need to receive the information in the course of performance of this Agreement.

7.3 The confidentiality obligations under clause 7.1 shall not apply to any information which:

7.3.1 Is or subsequently becomes available to the general public other than through a breach by the receiving party; or

7.3.2 Is already known to the receiving party before disclosure by the disclosing party;

7.3.3 Is developed through the independent efforts of the receiving party; or

7.3.4 The receiving party rightfully receives from a third party without restriction as to use.

8. Provision of Service

8.1 We reserve the right to vary the Service Description at any time; however, we shall inform you of such variations where we deem it necessary to do so and where reasonably practicable in the circumstances.

9. Installation and Maintenance

9.1 We will provide to you such installation and maintenance services for the Service (including, where applicable, the Equipment), as are described in the relevant Service Description.

9.2 Where it is necessary for us to install and/or maintain the Service at your premises, you will provide us with such access as we reasonably require and any technical/personnel assistance reasonably necessary for the installation and maintenance of the Service including, for example and without limitation, electricity supply and suitable accommodation and environmental conditions. We will notify you in advance where we require you to make such access available.

9.3 Data Protection

You agree that we may put your name and other information obtained about you from the Order Form and Sales Process into a computerised directory for internal use only, unless we receive specific written instructions from you.

9.4 We reserve the right to change/alter the server status to which your site is assigned which may result in a break in service.

10. General

10.1 Egenica (JKL Design) agrees to comply with the Data Protection Act 1986 and the Customer agrees to furnish Egenica (JKL Design) with details of the Customers registration under the Act (if required). The Customer warrants that any personal data supplied for use in its campaigns has been appropriately obtained and registered under the Act.

10.2 Any notice to be given under this Agreement shall be in writing addressed to the principal place of business, registered office or such other addresses as may be notified by either party to the other for this purpose. Writing shall include facsimile transmission or similar means of communication.

10.3 No waiver by Egenica (JKL Design) or any breach of this Agreement by the Customer shall be considered a waiver of the subsequent breach of the same or any other provision.

10.4 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement shall not be affected.

10.5 The Laws of England shall govern this Agreement.

11. Name and Internet Protocol Address

11.1 You confirm and warrant that you are the owner of, or that you have been and are duly authorised by the owner to use, any trade mark or name requested or allocated as your Name.

11.2 You acknowledge that Egenica (JKL Design) cannot guarantee that any Name you request will be available or approved for use.

11.3 We have the right to require you to select a replacement Name and may suspend the Service if, in our opinion, there are reasonable grounds for us to believe that your current choice of Name might infringe the rights of any other person or company, whether in statute or common law, in a corresponding trade mark or name.

11.4 If the Service includes the registration of an Internet domain name you acknowledge and agree that:

11.4.1 we do not represent, warrant or guarantee that any domain name applied for by you or on your behalf will be registered by in your requested name or is capable of being registered by you or that the use of such domain name by you will not infringe any third party rights. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been duly registered and we shall not be liable for any such action taken by you.

11.4.2 The registration of the domain name and its ongoing use by you is subject to the relevant naming authority's terms and conditions of use and you undertake to us that you will comply with such terms and conditions. You hereby irrevocably waive any claims you may have against us in respect of any decision of a naming authority to refuse to register a domain and, without limitation, you acknowledge and agree that any administration or other charge paid by you in respect of the registration of the domain name is non-refundable in any event.

11.4.3 We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on becoming aware of such a dispute concerning a domain name, at our sole discretion and without giving any reason, to either suspend or cancel the relevant service associated with the domain name, and/or to make such representations to the relevant naming authority as we deem appropriate.

11.4.4 Any Internet Protocol address allocated by us to you shall at all times remain our sole property and you will have a non-transferable licence to use such address for the duration of this Agreement. If this Agreement is terminated for whatever reason, your licence to use the Internet Protocol address shall automatically terminate and thereafter you shall not use such address.

12 Web Site Hosting

12.1 The Customer undertakes to receive web page services from Egenica (JKL Design) for an initial duration of twelve months, renewable annually thereafter.

12.2 File Back Up, Egenica (JKL Design) is not responsible for the Customer's data files residing on Egenica (JKL Design) servers. The Customer is solely responsible for independent backup of data stored on Egenica (JKL Design) servers. Egenica (JKL Design) will however make 'best efforts' to back up the Customers web site in order to restore it, in the event of total failure.

12.3 The Customer shall not knowingly or unknowingly submit to Egenica (JKL Design) for publication any of the following material (including pictures, links or any other content):

12.3.1 any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;

12.3.2 Any material that is libellous or slanderous;

12.3.3 Any material which is or contains anything obscene or pornographic; or

12.3.4 Distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to:

Mass-newsgroup postings; SPAM and unsolicited e-mail sent from customer's server, or any other service on the Internet, which contains Customers domain name.

12.4 Any violation of the above conditions will result in termination of Customer's account.

12.5 Due to the public nature of the Internet, all material submitted by the Customer for publication will be considered publicly accessible.

12.6 Egenica (JKL Design) publication of material submitted by the Customer does not create any express or implied approval by Egenica (JKL Design) of such material, nor does it indicate that such material complies with the terms of this Agreement.

13. Resale of Egenica (JKL Design) Service.

13.1 If the Customer acts as a 'reseller' of the services provided by Egenica (JKL Design) to the Customer hereunder, by the Customer providing similar services to its clients, then all terms of this Agreement shall provide to the resale. Without limiting the foregoing, Customers obligations under Section 3 (indemnity) shall apply to any and all claims made against the Customer and/or Egenica (JKL Design), which arise out of the resale of Egenica (JKL Design) services.

14. Relationship of the Parties

14.1 The parties intend that an independent contractor relationship will be created by this contract and that no partnership, joint venture or employee/employer relationship is intended.

15. Taxes

15.1 If any local government entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Egenica (JKL Design) to the Customer under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes) then Egenica (JKL Design) may pass the direct amount of such costs on to the Customer and the Customer shall promptly pay such costs.

16. E-Mail Services (including e-mail forwarding)

16.1 The Customer undertakes that it will not (and will ensure that others under its control will not) via e-mail:

16.1.1 Transmit inappropriate material;

16.1.2 Infringe the Intellectual Property Rights of any third party;

16.1.3 Make use of Egenica (JKL Design) Server to an extent or in a manner which in Egenica (JKL Design) reasonable opinion is excessive, wasteful or otherwise to the detriment of Egenica (JKL Design), any of Egenica (JKL Design) customers or any other third party, including but not limited to:

16.1.3.1 The transmission of bulk e-mail ('spamming') or

16.1.3.2 'Flaming'.

16.2 When sending e-mail, the Customer acknowledges that it is responsible for complying with any relevant legislation.

16.3 The Customer acknowledges and agrees that Egenica (JKL Design) is not responsible for the security of the contents of e-mail sent or received by the Customer.

16.4 Egenica (JKL Design) will use its reasonable endeavours to ensure that messages are routed accurately and promptly but does not accept any liability for non-receipt, non-delivery or misrouting of e-mail or any other failure of the e-mail system.

16.5 Egenica (JKL Design) policy is to respect the privacy of e-mail messages sent, received, forwarded or otherwise dealt with by it and the Customer acknowledges that Egenica (JKL Design) will therefore not monitor, edit or disclose the contents of such messages unless required to do so by law or competent authority or to protect Egenica (JKL Design) rights and/or position.

Acceptable Use

Egenica (JKL Design)'s Acceptable Use Policy ("AUP") is provided to offer our clients and users a clear understanding of what Egenica (JKL Design) expects of them while using the service. All users of Egenica (JKL Design) services: those who access some of our services but do not have accounts, as well as those who pay a service fee to subscribe to the services, must comply with this policy.

Use of Egenica (JKL Design)'s services constitute acceptance and agreement to Egenica (JKL Design)'s AUP as well as Egenica (JKL Design)'s TC's (Terms and Conditions)

Egenica (JKL Design) supports the uncensored flow of information and ideas over the Internet medium and does not actively monitor subscriber activity under normal circumstances. Moreover, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroup, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our T+C's (Terms and Conditions), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.

Egenica (JKL Design) may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your Egenica (JKL Design) account WITHOUT PRIOR NOTICE.

Egenica (JKL Design) stresses the following points:

Ensure reliable service to our customers

Ensure security and privacy of our systems and network, as well as the networks and systems of others

Comply with existing laws

Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services

Preserve the value of Internet resources as a conduit for free expression and exchange of information

Preserve the privacy and security of individual users

Unacceptable activities:

Spamming (sending unsolicited advertising to those with which the customer has no existing business relationship)

Posting off-topic advertising in newsgroups/Usenet

Spoofing (using a return e-mail address which is not the valid reply address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message)

Passive spamming Egenica (JKL Design) by spamming from some other source

Trolling (posting controversial messages in newsgroups to generate responses)

Mail bombing (inundating a user with e-mail without any serious intent to correspond)

Generating a higher volume of outgoing mail than a normal user (over 10% of available system resources)

Subscribing someone else to an electronic mailing list without that person's permission.

A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message.

Making an e-mail address available to the public does not constitute a request to receive messages.

Distribution of mass e-mailing programs is also prohibited. All recipients on a mailing list must have personally subscribed.

Mailing lists may not be used to distribute unsolicited e-mail.

Any customer repeatedly "mail bombed" or that attracts such behaviour will be asked to leave.

Abuse of Egenica (JKL Design)'s server resources, running programs in the background on Egenica (JKL Design)'s server without Egenica (JKL Design)'s prior written authorisation, or running chat rooms, Internet Relay Chat, IRC bots, more than 1000 e-mails a day and the like are not acceptable uses of Egenica (JKL Design)'s servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at info@egenica.com

Violations of Acceptable Use Policy

The following constitute violations of this AUP:

Illegal use:

Egenica (JKL Design)'s services may not be used for illegal purposes, or in support of illegal activities. Egenica (JKL Design) reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors:

Use of the Egenica (JKL Design)'s services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Violations of the Child Protection Act may be reported.

Threats:

Use of the Egenica (JKL Design)'s services for transmitting any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment:

Use of the Egenica (JKL Design)'s services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity:

Use of Egenica (JKL Design) service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Hacking/Cracking:

Egenica (JKL Design) reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. The following examples of unacceptable behaviour are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please contact info@egenica.com

IP numbers:

Egenica (JKL Design) maintains control and ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its right to change or remove any and all IP numbers and addresses.

IP Address Overlap:

Egenica (JKL Design) administers the network on which customer servers reside. The customer may not use IP addresses not assigned to them by Egenica (JKL Design) staff. If a user wishes to use their own IP numbers, they must comply with our AUP and its etiquette and procedures. In addition, they must supply their own routing equipment or rent it from Egenica (JKL Design).

Unauthorised access:

Use of the Egenica (JKL Design) service to access, or to attempt to access the accounts of others, or to penetrate, or attempt to penetrate security measures of Egenica (JKL Design)'s or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Egenica (JKL Design) account is subject to immediate termination.

Copyright or trademark infringement:

Use of the Egenica (JKL Design) service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software.

Collection of personal data:

Use of the Egenica (JKL Design) service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Abuse of the law:

Egenica (JKL Design)'s services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorisation to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; stalking; or violating other laws such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act.

Linking to illegal material is also prohibited.

Egenica (JKL Design) reserves the right to check system files, e-mail, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Copyright Infringement - Software Piracy Policy:

The Egenica (JKL Design) network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorised copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating copyright law.

Network disruptions and unfriendly activity:

Use of the Egenica (JKL Design) service for any activity which affects the ability of other people or systems to use Egenica (JKL Design) Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorised entry and/or use of another company and/or individual's computer system will result in immediate account termination. Egenica (JKL Design) will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud:

Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Distribution of Viruses:

Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.

Inappropriate Use of Software:

Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Egenica (JKL Design)'s services could result in suspension service.

Third Party Accountability:

Egenica (JKL Design) subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.

Security:

You are responsible for any misuse of your account, even if a friend, family member, guest or employee committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorised users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimise unauthorised use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to; "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. Egenica (JKL Design) will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Backups:

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content. If loss of data occurs due to an error of, Egenica (JKL Design) will attempt to recover the data at no charge to the client.

Network Performance:

Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner results in impaired network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, hard disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Egenica (JKL Design) systems or networks. Egenica (JKL Design) reserves the right to terminate or limit such activities.

Acceptable Use Policy Amendments and Changes:

Egenica (JKL Design) reserves the right to revise, amend, or modify this AUP, our T+C’s (Terms and Conditions) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our T+C’s (Terms and Conditions).

Limitation of Liability:

Egenica (JKL Design) shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Egenica (JKL Design) servers going off-line or being unavailable for any reason whatsoever. Further, Egenica (JKL Design) shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Egenica (JKL Design)'s servers. All damages shall be limited to the immediate termination of service. Egenica (JKL Design) shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Egenica (JKL Design) reserves the right to terminate an account at any time and for any reason that causes harm to any Egenica (JKL Design) customer's websites. Egenica (JKL Design) reserves the right to delete all content and files upon termination. Egenica (JKL Design) reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Egenica (JKL Design) reserves the right to refuse, cancel, or suspend service at our sole discretion. Egenica (JKL Design) reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent. Violations of these Acceptable Uses Policies should be referred to info@egenica.com