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vwe internet Services Conditions of Use & AUPs


Please make yourself familiar with our acceptable use policies, which all users of vwe internet services are bound by.



vwe internet Services Conditions of Use

In this document, "we" refers to vwe internet ltd and "you" refers to the subscriber of any vwe internet Services.

  1. These Conditions of Use apply to all vwe internet Services, irrespective of the country of issue. They may be revised at any time and without notice at the sole discretion of vwe internet. The use of any vwe internet Services is taken to be your agreement to adhere to the current Conditions of Use at any given time.

  2. You are required to adhere to these Conditions of Use. You are also required to adhere to the Acceptable Use Policies ("AUPs") that we publish from time to time for those components of the service that you use. If you breach them, we have the right at our sole discretion to suspend or terminate your account without notice or refund, to make an additional charge for the misuse, or to block access to the relevant component of the service.

  3. You have subscribed to our service on an annual, 6 monthly, quarterly or monthly basis with automatic renewal. We require payment in advance of service, and therefore you must pay for each year, 6 months, quarter or month of service at the start of that year, 6 months, quarter or month. All products and services are made as a single supply; your account may be suspended or closed if any sum due for a product or service is unpaid or is in arrears.

  4. You may cancel the service at any time, provided that you give us notice at least 30 days before the date you wish your service to stop; if a payment falls due during those 30 days, we will still require payment.

  5. Except where stated otherwise, you must send us notice in one of the following ways:

    - by post,
    - by fax,
    - by EMail from your previously recorded contact Email address,
    - by EMail from elsewhere or by telephone, in which case you must be prepared to prove your identity.

    We will not accept proof of sending as proof that we have received your notice. You must ensure that you have received acknowledgement from us. You may only access the machines and the specific ports listed in the current List of Service Machines. Any other use of vwe internet equipment is unauthorised and is a criminal offence under current UK Law.


  6. Up to date copies of these Conditions of Use, the AUPs, the List of Service Machines, a glossary and an index of documents can be found at http://www.vwe.net/aup/

  7. vwe internet reserves the right to suspend or cancel any account at its sole discretion.

  8. You are required to keep the contact details that you provided us up to date. We may send notices or other information to you at the address you gave us. We will not pass these details to other companies.

  9. We will use our reasonable endeavours to maintain all our services. You will not be eligible for any compensation because you cannot use the service or because of a failure, suspension or withdrawal of all or part of the service. We may change the service at any time.

  10. Regardless of anything else in these Conditions of Use, our liability shall not exceed the proportionate amount of your subscription.

  11. We shall not be liable for any consequential losses you may suffer.

  12. We are not responsible for any use you make of vwe internet's services, for any charges that you incur with any third party, nor for any software running on your host, except as documented within a separate written agreement or AUP. You indemnify vwe internet against the effects of any misuse or any claims resulting from that misuse.

  13. You will keep your passwords secret and will not disclose them to third parties for any purpose. You will notify us and change, or ask us to change, any password which you believe may have been compromised.

  14. You will not use the account for any illegal purpose.

  15. You will not sell on or share use of the service, or any part of it, with any other person except:

    - members of your household at the same address,
    - your employer or employees at the same address,
    - any person permitted in the appropriate AUP, or
    - where specifically agreed with us in writing.


  16. Where you use our service to reach networks and services not operated by us, you will abide by the AUPs, Terms and Conditions imposed by the operators of those networks and services.

  17. Any decision made by vwe internet in relation to the services provided, Conditions of Use and AUPs shall be final.

  18. These Conditions of Use and all other legal relationships between us shall be governed by and construed in accordance with English Law, and are subject to the exclusive jurisdiction of the English courts.

  19. If any part of these Conditions of Use or any AUP shall be held to be invalid or unenforceable, this shall not affect the enforceability of any other provision of these Conditions of Use or AUPs.

Internet Access Acceptable Use Policy (AUP)

For the complex network of networks which we call 'the Internet' to function correctly it is essential that all of those who connect to it do so in accordance with generally accepted standards.

Most customers of vwe internet will be using commercial software which implements the technical aspects of connection for them, but there are some configuration issues, and some matters of simple politeness and commonsense which everyone must take note of.

vwe internet's relationship with other networks, and ultimately its connectivity to the rest of the Internet depends largely upon proper behaviour by its customers. vwe internet cannot tolerate any behaviour by customers which negatively impacts upon its own equipment or network, or upon the use by other customers of the Internet, or which damages vwe internet's standing in the wider community.

vwe internet will therefore enforce appropriate sanctions against any of its customers who are responsible for serious abuse of the Internet. Such sanctions include, but are not limited to, a formal warning, suspension of one or more of the customer's services, suspension of all Internet access through vwe internet or termination of the customer's account(s).

For the guidance of customers on what vwe internet considers to be unacceptable, some general issues are addressed below. There are other AUPs which cover specific services offered by vwe internet. You will find a complete set at: http://www.vwe.net/aup/

Please note that vwe internet is not responsible for the content of external sites which are referenced by this AUP.

  1. You must not use your Internet connection for any illegal purpose.

    You should be aware that some material is illegal to possess or transmit. You should also note that unauthorised access to computer systems can be an offence; although many machines connected to the Internet are placed there so that you may access them, it does not follow that you may access any computer you come across.

  2. Your traffic over the Internet may traverse other networks, or use other services, which are not owned or operated by vwe internet. You must abide by the AUPs and other terms and conditions imposed by the operators of those networks and services.

  3. Whilst connected to the Internet your system must conform to all relevant IETF standards. The IETF (Internet Engineering Task Force) standards are a subset of the RFC (Request for Comments) collection.

  4. You must not send packets onto the Internet which have forged addresses or which are deliberately constructed so as to adversely affect remote machines.

  5. Your machine or network must not be configured in such a way that others can exploit it to disrupt the Internet.

    This includes but is not limited to ensuring that your network cannot be exploited as a "smurf amplifier". Note that traffic from simple dialup accounts is already filtered by vwe internet to prevent this. For more information about "smurf" attacks see:

    http://users.quadrunner.com/chuegen/smurf.cgi

    and

    http://netscan.org


  6. You may not run "scanning" software which accesses remote machines or networks, except with the explicit permission of those remote machines or networks.

  7. You must ensure that you do not further the sending of unsolicited bulk EMail or any other form of EMail or Usenet "abuse". This applies to both material which originates on your system and also third party material which passes through it.

  8. You must not run an "open mail relay", viz a machine which accepts mail from unauthorised or unknown senders and forwards it onward to a destination outside of your machine or network. If your machine does relay mail, on an authorised basis, then it must record its passing through your system by means of an appropriate "received" line.


    Users of "WinGate" should take special note that this software is capable of providing a wide range of relaying services. Default configurations can cause a problem, so that special care must be taken to configure it to prevent unauthorised use. More information is currently available at:

    http://www.deerfield.com/wingate/secure-wingate.htm

    and

    http://www.cert.org/vul_notes/VN-98.03.WinGate.html


    As an exception to the ban on relaying, you may run an "anonymous" relay service provided that you monitor it in such a way as to detect unauthorised or excessive use. However, you may not relay traffic from such an anonymous system via vwe internet's servers, i.e. you can only pass EMail from such a system to vwe internet where this is the correct destination for final delivery.


  9. All customers are required to accept EMail addressed to "postmaster" at their address (i.e. postmaster@sample.vwe.net for the hostname "sample").

    Customers will be deemed to have read any and all such EMail. vwe internet may take action on the basis of this assumption.


  10. vwe internet, at its discretion, may run manual or automatic systems to determine compliance with this AUP (e.g. scanning for open mail relays or smurf amplifiers). Customers are deemed to have granted permission for this limited intrusion onto their networks or machines.

  11. vwe internet provides access to the Internet as part of a package of services. vwe internet reserves the right to change this AUP for Internet Access at its sole discretion and without prior notice.

  12. Any decision vwe internet makes in relation to its services will be final on all matters.

Mail Acceptable Use Policy (AUP)

Exchanging EMail with other Internet users is generally a matter of common sense and courtesy to others. The vast majority of vwe internet customers will be able to use their own sense of what is appropriate to guide their behaviour when sending EMail and will have no problem in conforming to this AUP.

Regrettably, from time to time, some EMail is sent or actions taken which are considered to be unacceptable by the Internet community. This is usually described by the generic term of "abuse".

Much of what is deemed to be the proper use or the abuse of the EMail system cannot be found codified into a single set of documents, but is based on contracts and understandings that have arisen between the administrators and owners of those computers and networks which exchange EMail. This AUP and its day to day application is based on consideration of both the formal and informal practices of this community where vwe internet is but one participant amongst many.

It is not always obvious whether such activity is innocent, inadvertent, or intentional. However, certain activities will result in action being taken by vwe internet as described below.

It is most important that when abuse occurs vwe internet takes appropriate action. If abuse was to continue unchecked vwe internet could lose the confidence of the Internet community, which could significantly affect the ability of vwe internet's customers to freely send and receive EMail.

vwe internet provides EMail services as part of the package of Internet access services. vwe internet reserves the right to change this AUP for EMail services at its sole discretion and without prior notice. Any decision made by vwe internet in relation to this service will be final on all matters.

vwe internet will enforce appropriate sanctions against any of its customers who are responsible for serious "abuse". Such sanctions may include, but are not limited to, a formal warning, suspension of EMail access through vwe internet's machines, suspension of access to the Internet through vwe internet, or termination of the customer's account(s).

If a suspension of access is imposed, then this may be lifted, at vwe internet's discretion, upon receipt of a formal written undertaking not to commit any future "abuse". All cases are, however, considered individually upon their merits.


Usenet News Acceptable Use Policy (AUP)

Participating successfully in the various newsgroups that make up the Usenet news system is generally a matter of common sense and courtesy to others. The vast majority of vwe internet customers use their own sense of what is appropriate to guide their behaviour and will have no problem in conforming to this AUP.

Regrettably, from time to time, some articles are posted which are considered to be unacceptable by the Usenet community. This is usually described by the generic term of "abuse".

Much of what is deemed to be the proper use or the abuse of Usenet cannot be found codified into a single set of documents, but is based on the many informal understandings that have arisen between the administrators and owners of those computers which exchange Usenet articles. This AUP and its day to day application is based on consideration of both the formal and informal practices of this Usenet community where vwe internet is but one participant amongst many.

It is not always obvious whether abuse is innocent, inadvertent or intentional. Regardless of this, if vwe internet considers that "abusive" articles have been posted it is important for the protection of other Internet users that vwe internet takes firm action to prevent any recurrence.

If such articles were to continue to be posted unchecked, then the Usenet community could lose confidence that vwe internet will take appropriate sanctions. This could impact newsfeed peering arrangements and significantly affect the number of newsgroups and articles which vwe internet can offer to its customers.

Thus, vwe internet will not tolerate any action by its customers which could jeopardise its position within the Usenet community and vwe internet will enforce appropriate sanctions against any of its customers who are responsible for serious abuse of Usenet. Such sanctions include, but are not limited to, a formal warning, suspension of Usenet access through vwe internet's machines, suspension of access to the Internet, or termination of the customer's account(s).

If a suspension of access is imposed, then this may be lifted, at vwe internet's sole discretion, upon receipt of a formal written undertaking by the relevant customer not to post any further abusive articles. All cases are, however, considered individually by vwe internet upon their merits.

vwe internet provides access to Usenet as part of the package of Internet Access services. vwe internet reserves the right to change this Usenet AUP at its sole discretion and without prior notice. Any decision made by vwe internet in relation to this service shall be final on all matters.


Web Space Acceptable Use Policy (AUP)

  1. You must not exceed the amount of Web space agreed for your package.

  2. Commercial use of your Web Space is permitted, but only if you have subscribed to a business package. This is an explicit exemption to the general Conditions of Use referring to selling on or sharing use of the service.

  3. The Conditions of Use for the Account relating to disclosure of your passwords apply. Specifically your passwords are your responsibility and must not be disclosed to any third party.

  4. You must maintain an index page called "index.htm" or "index.html" in the root html directory of your Web space.

  5. You must accept mail to webmaster@hostname.vwe.net as a precondition of using the Web space service.

  6. No user defined CGIs are permitted unless approved in writing by vwe internet.

  7. Support is only available for uploading, downloading and viewing pages. No support will be given for HTML authoring or page design.

  8. Logs are available from the log directory of your Web space.

  9. You will be responsible for retaining copies of your own data. vwe internet will not keep backups of your pages. You may, however, download your own pages by FTP (using your account username and password) for backup.

  10. vwe internet accepts no responsibility for loss of data, information in any form or other matters whatsoever which result from the use of this service.

  11. vwe internet accepts no responsibility for hit counts being reset or incorrect.

  12. You will be responsible for the content of your Web site, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate English law.

  13. You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your Web site.

  14. You must ensure that your index.htm or index.html file [the first to be viewed on a site] does not contain any material liable to offend. A clearly readable warning page must be displayed before any adult material is displayed.

  15. Your Web site may not be used to distribute or advertise any of the following:

    - software for sending SPAM (bulk EMails, excessive news postings, etc.)
    - lists of EMail addresses except where all the addressees have given their explicit permission.
    - any collection of personal data other than in accordance with the Data Protection Act and the Data Protection Principles.


  16. You may not advertise your Web site, or cause another person to advertise it, by techniques that would be classified as abuse if they were carried out from a vwe Account. This includes, but is not limited to, bulk EMailing and excessive news posting. Such action may be treated under the appropriate AUP as if it had been done from the Account, or as a violation of this AUP or both.

  17. vwe internet shall not be held liable for any loss however occasioned as a result of the suspension, removal or unavailability of a customer's Web site or material stored within it.

  18. If you do not keep the index file (index.htm or index.html) in the root html directory of your Web space for a period of 6 weeks, vwe internet reserves the right to install one of its own to ensure compliance with point 4 above.

  19. If your account is barred for any reason (e.g. non-payment) access to your Web site may be suspended.

  20. When you close your account, your Web site will be deleted.

  21. The limit on space is imposed by the process that accepts uploads. If you attempt to upload a file that exceeds your available free space the upload will normally fail. Should this check not operate for any reason, vwe internet reserve the right to request that you immediately remove enough files to bring you below the limit.

  22. vwe internet reserve the right to remove any material from the Web space service at their sole discretion, without prior notice and without explanation.

  23. vwe internet reserve the right to suspend any or all of the Web space service at any time, without prior notice and without explanation.

  24. vwe internet will require sites that they consider to show excessive use to be modified or be moved to a different server.

  25. vwe internet reserve the right to make a charge for any assessment of suspended sites.

  26. vwe internet reserve the right to vary the definition of 'excessive use' at their sole discretion at any time without prior notice.

  27. By uploading to the Web space host, you will be deemed to have agreed to and accepted the terms and conditions of use of the Web space service.

  28. You must not refer to your pages by any means other that the address www.username.vwe.net nor register your web pages anywhere using any form of URL except in the form beginning http://www.username.vwe.net/.... Specifically, you must not reference or cause your Web site to be referenced by dotted IP address (e.g. [123.123.123.123]). Requests made to your Web site using dotted IP addresses or alternative names may not work.

  29. The IP address that may be allocated to your Web site may be changed or withdrawn at any time without notice. It is intended to withdraw all IP addresses associated with Web sites as soon as practical.

  30. vwe internet reserve the right to vary the Conditions of Use and acceptable use policy for the Web space service at their sole discretion at any time and without prior notice.

  31. Any decision made by vwe internet in relation to this service shall be final.

vwe Hosting Package Conditions of Use

  1. Definitions and Interpretation

    1. In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:-

      Acceptable Use Policy
      the acceptable use policy from time to time issued by vwe internet (a current copy of which is here);

      Business Day
      a day (other than a Saturday or Sunday) on which the clearing banks are open for business in the City of London;

      Client
      the person(s) firm or Company whose details are set out in the Schedule hereto;

      Commencement Date
      the earlier of the date specified in the Schedule or on which the Company makes the Client's Web Site available to third parties via the Internet;

      Company
      vwe internet limited;

      Fees
      the fees set out in the Schedule for the provision of the Services, together with any other charges made pursuant to these Conditions;

      Server
      any server owned or operated by the Company;

      Services
      the provision by the Company to the Client with the Web Space on one of its Server to store the Client's Web Site including the installation of the Client's Web Site on the Company's Server specified in the Schedule together with any other service option details of which are set out in the Schedule;

      Term
      the period set out in the Schedule (subject to a minimum period of three months) from and including the Commencement Date renewable automatically for similar periods unless and until terminated in accordance with these Conditions;

      Web Site
      a site at which text, graphics, data, files and information are stored electronically and access to which is made available to third parties via the Internet;

      Web Space
      the agreed amount of space including an allocation of storage space on a web server and a bandwidth allocation to be provided by the Company on its Server to the Client for the Client's Web Site as set out in the Schedule;

      Unless the context otherwise requires references to clauses and Schedules shall be construed as references to clauses and Schedules of these Conditions. Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.


  2. Company Services

    In consideration of the Client paying to the Company the Fees in accordance with the provisions of Clause 5 and the Schedule to these Conditions the Company shall provide Services to the Client.

  3. Clients' Obligations

    1. The Client is responsible in all respects for the content of its Web Site and the hereby undertakes that the Web Site pages do not and will not violate any applicable law and that it shall at all times comply with the Acceptable Use Policy, the provisions of which are hereby incorporated into these Conditions as if the same were set out herein in extenso.

    2. The Client shall obtain and be responsible for obtaining and complying with all necessary legal permission for any works it includes on the pages of its Web Site;

    3. The Client shall provide the Company with material and data in such form as shall be requested by the Company failing which the Company shall be entitled to make such charges as it may deem necessary to recoup its expenses in conversion to or use of other software so as to be able to host the Client's Web Site. Any web page of the Client liable to offend or containing links to adult material must display on any path of links from the index page of any directory to such material, so that anyone following such a path will receive a clear warning before the material is displayed as to the nature of its contents.

    4. The Client is responsible for backup of its own files as the Company does not offer recovery facilities as a service to the Client.

    5. Upon registration, the Client shall provide the Company with an up to date administration address and an address and contact in the UK authorised to accept service of proceedings on its behalf and shall inform the Company immediately of any changes to such addresses or contacts.

    6. The Client shall not (without the prior written consent of the Company) during the Term be entitled to approach any domain registrar to request that the domain be moved to another internet service provider.

    7. In the event that the Client fails to return the signed copy of these Conditions and uploads to the commercial web host, the Client shall be deemed to have agreed to and accepted these Conditions for use of the commercial web server.

  4. Company's Rights and Obligations

    1. The Company shall use reasonable endeavours to perform the Services and shall as soon as reasonably practicable on or after the Commencement Date provide the Client with a user identification, password for the Web Space and dedicated commercial web site support number for administration purposes. The Company accepts no liability in respect of any loss incurred as a result of disclosure of the Clients' password.

    2. The Company gives no warranty that access to its Server and the Client's Web Site shall be uninterrupted or error-free.

    3. Subject to the Client paying the Fees the Company shall supply to the Client on a regular basis a statement of access and usage of the Client's Web Site during the preceding period provided that such report shall be in such form as the Company shall decide and that the Company shall not be responsible for the accuracy of the information relating to such access and usage nor for any failure of any counters to accurately record such information or be reset.
       
    4. The Company (in its absolute discretion) shall be entitled in the event that access to the Client's Web Site exceeds the permitted bandwidth or storage allocation (forming part of the Web Site) as provided in the Schedule to: suspend access to the Client's Web Site; move the Web Site to a high performance service or require the Client to move its Web Site to another server; and/or increase its charges to the Client to take account of the additional bandwidth being used.

    5. Notwithstanding any other provision the Company shall be entitled without notice at any time to change the bandwidth or storage allocation and to make any changes to the Services which are necessary to comply with any applicable safety, security or other statutory requirements, or which do not materially affect the nature or quality of the Services.

  5. Financial Provisions

    1. The Client shall pay to the Company the Fees on the basis specified in the Schedule. The Company in its sole discretion shall be entitled to charge such additional fees as a result of the Client's instructions or lack of instructions or information or any cause attributable to the Client.

    2. All charges of the Company are exclusive of any Value Added Tax, unless specifically stated, for which the Client shall be additionally liable at the applicable rate from time to time.

    3. If payment is not made on the due date, the Company shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount both before and after any judgement at an annual rate of 3 per cent above the base rate of National Westminster Bank plc from time to time and such interest shall accrue from the due date until the outstanding amount is paid in full.

    4. The Company shall be entitled to review the Fees, on the anniversary of the Commencement Date and shall notify the Client in writing of any increase or decrease in such fees and such increase or decrease shall take effect from the date specified in such notification.

  6. Domain Name

    In the event that the Client contracts for domain name registration services the Company shall endeavour to procure the registration of such domain name as the Client may request as set out in the Schedule or as advised to the Company in writing by the Client. However, the Company shall not be liable in the event that such requested domain name is not registerable or in the event that the relevant domain name regulatory authority suspends or revokes any registration of such domain name. The Company shall not act as agent for or on behalf of the Client in any dealings with regulatory authorities.

  7. Company's Remedies

    In the event that the Client's Web Site is in breach of the Acceptable Use Policy or the Company for whatever reason decides it is necessary or in its best interests to do so (including if the Client is in breach of its obligations or fails to pay the Fees) the Company shall be entitled to:- suspend or bar access to the Client's Web Site for such period as it shall consider fit; remove all or any part of the Client's Web Site from the Company's Server; and/or delete all or any data, files or other information that is stored on the Server on which the Client's Web Site is stored; and the Company reserves the right (in its sole discretion) to suspend use by Client of any CGI-bin that may have a detrimental effect on the CGI Server without prior notice.

  8. Warranties and Liabilities

    1. The Company does not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise of any goods or other services supplied by a third party, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods or services to the Company.

    2. The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any exercise of the Company's rights or remedies under these Conditions including without limitation the suspension of access to the Client's Web Site or deletion, corruption, loss or removal of data, file or material stored on the Client's Web Site or removal of the Client's Web Site from the Server or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.

    3. Except as expressly provided in these Conditions, the Company shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the Services hereunder or their use by the Client, and the entire liability of the Company under these Conditions shall not exceed the proportionate amount of the Fees.

  9. Termination

    1. These Conditions shall continue in force for the Term Provided always that the Client shall be entitled to terminate these Conditions at any time after the minimum period of three months of the Term by giving to the Company not less than 30 days' written notice of termination.

    2. Notwithstanding the provisions of clause 9.i, either party shall be entitled forthwith to terminate these Agreement by written notice to the other if :-

      1. that other party commits any breach of any of the provisions of these Conditions and, in the case of a breach capable of remedy, fails to remedy the same within thirty days after receipt of a written notice giving particulars of the breach requiring to be remedied;

      2. an encumbrancer takes possession or a receiver is appointed over any of the property or assets of that other party; that other party makes any voluntary arrangement with its creditors or becomes subject to an administration order; that other party goes into liquidation or becomes bankrupt; the other party ceases or threatens to cease to carry on business; or

      3. anything analogous to any of the foregoing under the law of any applicable jurisdiction occurs in relation to that other party;

    3. Upon termination of these Conditions for whatever reason, the Company shall delete the Client's Web Site from its Server without any liability whatsoever.

    4. Termination of these Conditions shall be without prejudice to any other rights or remedies a party may be entitled to thereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision on or after such termination. Subject to the foregoing, neither party shall thereafter have any further obligation to the other under these Conditions;

    5. Upon termination of these Conditions for whatever reason all due or outstanding fees and expenses owed by the Client to the Company shall forthwith become due and payable.

  10. Miscellaneous

    1. These Conditions constitute the entire agreement between the parties as to the subject matter of these Conditions and supersedes all prior oral or written agreements, understandings or arrangements between them relating to the provision of the Services.

    2. The Company shall not be liable to the Client for any loss arising from or in connection with any representations or undertakings made prior to the Commencement Date other than those confirmed by a duly authorised director of the Company in writing and expressly incorporated or referred to in these Conditions.

    3. If any provision of these Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of these Conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.

    4. The Client shall not be entitled to assign these Conditions nor all or any of its or their rights and obligations hereunder without the prior written consent of the Company.

    5. The waiver by either party of a breach or default of any of the provisions of these Conditions by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

    6. In the event of there being a conflict between the terms of these Conditions and the terms of the Acceptable Use Policy, these terms shall apply.

  11. Notice

    All communications between the parties with respect to these Conditions shall be delivered by hand or sent by first-class post (or if the recipient is in another country by prepaid airmail) to the relevant address(es) stated in these Conditions or to such other address as the addressee may from time to time have notified for such purpose, or sent by facsimile transmission or electronic mail (with confirmation by letter posted first-class within 24 hours). Communications shall be deemed to have been received within two Business Days (if sent by first-class post) or seven Business Days (if sent by prepaid airmail) after posting exclusive of the day of posting.

  12. Indemnity

    The Client hereby undertakes that it will, without prejudice to any other right of action which the Company may have, at all times keep the Company fully and effectively indemnified against any liability (which liability shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal and other fees and expenses on a full indemnity basis) which the Company may suffer or incur as a result of, or by reason of, any breach or non-fulfilment of any of the Client s obligations under these Conditions, any breach of third party intellectual property rights or the use of the Services.

  13. Governing law and jurisdiction

    These Conditions shall be governed by and construed in accordance with the laws of England. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts.

List of Service Machines

  1. Introduction
  2. Name Servers
  3. Time Servers
  4. Smart Mail Gateway
  5. Incoming Mail Stores & Relays
  6. POP3 Mail Server
  7. Webmail EMail Service
  8. News Server
  9. vwe internet Web Server
  10. User Virtual Web Server
  11. Commercial Web Space Server
  12. IRC Server
  13. Secure Shell Server

Introduction

What follows is a summary of the machine and service names that are provided by vwe internet for the use of customers or for public access. Attempts to access services or machines not listed here may be treated as an offence under the Computer Misuse Act unless vwe staff give explicit permission for you to access them.

These are the official names for the services that we provide and the ports they operate on. Unless otherwise stated, the services are available only with the TCP protocol rather than the UDP protocol.

Use of other names and/or IP addresses is unsupported and not recommended. Unless you are advised otherwise about a specific service in this document:

- You should not access a service by the IP address (e.g. [123.123.123.123]) use the service name instead.

- You should not access a service by the machine name (e.g. udder.vwe.net), use the service name instead.

- You should access a service using a vwe.net service name (e.g. ftp.vwe.net) when a vwe.net domain name has been provided for the service.

For instance, the FTP server is on ftp.vwe.net which currently happens to be an alias for the machine earl.vwe.net - the name of the FTP server will always be ftp.vwe.net but the machine it runs on may not always be earl.vwe.net. Similarly, the IP address of the FTP server may change as may the name earl.vwe.net but ftp.vwe.net will remain as the customer interface to the FTP service.

The names and addresses which this document directs you to use are the customer interfaces to the various services and are unlikely to change. If any addresses do need to be changed then warning will be given and steps taken to minimise disruption.

Note that vwe internet occasionally provides beta-test versions of new or changed services for experienced customers to try in order to check for problems or to determine if such a service is feasible. These normally, but not always, have the word "beta" in the service name. Beta-test services cannot be relied upon to work correctly and may disappear without warning during the test period in order that problems can be fixed. If you decide to risk trying a beta-test service then you must not continue to use the beta service name when the beta-testing ends: the beta service name may be withdrawn without notice after the trial period has ended.


Name Servers

The Internet addresses (often known as "IP addresses") used by computers on the Internet to identify each other are pure numbers (they serve a similar purpose to phone numbers), and are rather difficult to remember. They are actually 4-byte (32-bit) numbers, but are usually written in "dotted quad" form - four numbers each in the range 0-255 separated by dots, such as "123.123.123.123".

Numbers like this are not particularly easy to remember, so they can be given associated domain names using the Domain Name System (DNS). The DNS uses a distributed network of name servers which allow your computer to convert between domain names and IP addresses, in much the same way that directory enquiries can give you the phone number belonging to a particular person.

This means that instead of having to remember a number such as "123.123.123.123" you can use a name, such as "ftp.vwe.net" - your TCP/IP software automatically queries a name server to convert the domain name to an IP address. In fact, except for a few specific cases, like the default route above) and the name servers themselves, it is always best to use domain names rather than IP addresses - when servers are replaced the IP address may change but the name will remain the same. However, you should remember that whilst the name of the service will remain the same, the name of the machine it runs on may not - you should use (for example) ftp.vwe.net (the name of the service) rather than earl.vwe.net which is the name of the machine the FTP server currently runs on (previously this service used to run on cow.vwe.net which is a different machine).

Of course, if you are in the habit of using directory enquiries to find phone numbers, there is one phone number you must already know: the phone number of directory enquiries itself. Similarly, your TCP/IP software needs to be told the IP address of vwe internet’s name servers as these are addresses it cannot look up for itself.

If you are using vwe Dial Dynamic you will not need to give the addresses of DNS name servers as these are assigned by the server when you connect. If you are using vwe Dial Static you will need to set the following addresses. Make sure you include the dots.

194.164.8.100
194.62.44.11

The servers operate on the default DNS port (53). The servers respond to all types of request except zone transfers made using the UDP protocol; the servers respond to all types of request made using the TCP protocol. However, well-behaved Internet software will initially make requests (other than zone transfers) using the UDP protocol and will only repeat the request using the TCP protocol if the initial (UDP) response is truncated.

We recommend that vwe Dial Static customers use these in place of any previous name server configurations they may have. Addresses which used to act as domain name servers may cease doing so at any time without warning.

For those whose software cannot handle DNS queries, we strongly recommend that you replace your software with something that can perform DNS queries as the IP addresses associated with various vwe servers can change without notice. If your software uses DNS these changes are taken care of automatically, if not you may find that some services suddenly stop working.


Time Server

This is a machine you will access to synchronise your machine clock to the Internet. The vwe internet time server is synchronised onto master GPS and atomic clocks on the Internet using the Network Time Protocol (NTP) and responds to customer queries using the Time and NTP protocols.

You should use the time server to synchronise your machine clock before you download news or, with some software, you will run the risk of missing articles if your machine's clock drifts.

Note that the Time and NTP protocols both return the elapsed time since 00:00 (midnight) on the 1st of January 1900 GMT - it is your machine that converts this to Local Time, either by use of timezone commands in a configuration file or by timezone settings in the operating system. In the summer it is essential that your machine distinguish between UTC (or GMT), as used on the Internet, and Daylight Saving Time (which is British Summer Time in the UK), as displayed by your machine. If this is not the case, you will suffer one of the following symptoms:

- Your machine's clock displays the correct time in Daylight Saving Time until you connect and synchronis the clock to the Internet, at which point it jumps back one hour.

- You find that news articles are missing from your download, and the more frequently you connect to download news the more articles go missing. This will happen if you don't make use of the time servers (possibly because you're fed up of them setting your clock back one hour). If you are in the UK, your machine then thinks it is working on GMT rather than BST - e.g., the time is 19:00 BST and your machine's clock says 19:00 but it thinks the time is 19:00 GMT rather than 19:00 BST (which is 18:00 GMT). This results in your machine missing an hour's worth of news on each news download.

The time server is:

ntp.vwe.net

The server responds to Time requests (used by most software) on the default Time port (37) using either the TCP or UDP protocols.

The server responds to NTP requests on the default NTP port (123).


Smart Mail Gateway

This service, sometimes known as the "mail gateway," "SMTP gateway," "smart mail host," "smart host" or "mail relay" will accept mail from your host and forward it to the destination address. It is not essential to use this address as mail can be sent directly to the destination but using the smart mail gateway will generally result in less time spent on-line sending EMail. Not all EMail packages are capable of mailing directly to the destination, in which case, a smart host like this mail gateway is used.

The smart mail gateway actually consists of several machines (at the time of writing, 5 machines). The only supported method of accessing the smart mail gateway is via:

smtp.vwe.net

on the default SMTP port (25), which uses DNS manipulation to rotate connections amongst the individual machines which constitute the gateway. You should not attempt to connect directly to the individual machines in the cluster - if your software does not support DNS queries you should contact the Helpdesk for advice.


Incoming Mail Stores & Relays

Because your machine connects to the Internet intermittently, vwe internet operates a mail store-and-forward service. SMTP Mail destined for you is stored on clusters of machines called (for obscure historical reasons) punts. There are 5 punt clusters located at our Network Operations Centre (NOC). This gives us resiliency in case of network problems: if there is a temporary problem with a punt cluster, you can still get SMTP EMail held on the other punt cluster and new EMail will still arrive and be stored there.

If you to access your stored EMail by SMTP all you need to do is start an SMTP server (also known as a daemon) on your machine to listen for incoming connections.

Those customers who use firewalls or otherwise place restrictions on external connections to their machines (this applies mainly to Unix software) should allow connections from hosts with IP addresses in the range:

194.72.61.0 to 194.72.61.255

194.72.80.146 to 194.72.80.158

194.72.6.100

194.72.6.62

on the default SMTP port (25).


POP3 Mail Server

POP3 is an alternative to SMTP as a method of accessing your EMail, either because it is more convenient for you to run a POP3 client than an SMTP server or because you want to be able to read your EMail from elsewhere on the Internet.

To receive EMail by POP3 you should configure your mailer to access:

pop.vwe.net

on the default POP3 port (110).


Webmail EMail Server

Webmail is an alternative to SMTP and POP3 as a method of accessing your EMail, either because it is more convenient for you to run a web browser than a POP3 client or SMTP server or because you want to be able to read your EMail from elsewhere on the Internet.

To send or receive EMail by Webmail you should access:

http://webmail.vwe.net

on the default HTTP port (80).


News Server

The news server is actually a cluster of machines, synchronized to provide a coherent interface to customers for news collection; access to it is restricted to vwe internet's customers using vwe Dial.

The only supported method of accessing the news cluster is via:

news.vwe.net

on the default news port (119), which uses DNS manipulation to rotate connections amongst the individual machines which constitute the cluster. You should not attempt to connect directly to the individual machines in the cluster.


vwe internet Web Server

This server is used to provide information about vwe internet and the services it provides. The address is:

http://www.vwe.net/

using the default HTTP port (80).


User Virtual Web Server

This server hosts our User Virtual Web Servers.

The address of this server for FTP uploads of new pages is:

www.username.vwe.net

on the default FTP ports (data: 20; control: 21). You should login using your www username and your www password.

Web access to User Virtual Web Server pages is via the address:

www.username.vwe.net

on the default HTTP port (80).


Commercial Web Space Server

vwe internet provides WWW (World Wide Web) services for Internet users and companies that want to make information available via this rapidly expanding new publishing medium.

More detailed information on Commercial Web Space is available on the web at http://www.vwe.net/www.html


IRC Servers

IRC is "Internet Relay Chat" where you can talk interactively with other people from around the world. IRC servers are organised into IRC networks: users on one server can talk to users on another server on the same IRC network; each IRC network has common channels; each network allows only one person to use a particular nickname at one time because the nicknames serve as unique identifiers.

There are several independent IRC networks such as EFnet, IRCnet, Undernet, Overnet and DALnet, and vwe internet has its own network called VWEnet. The different IRC networks do not communicate with each other: each may have channels with the same name (such as #gb) but there is no connection between channels of the same name on different networks. The same nickname may be in use at the same time on each of the IRC networks.

vwe internet currently operates 1 IRC server.

NB: IRC is an unsupported service

VWEnet Servers

The VWEnet server is:

irc.vwe.net

on ports 6667, 6668 or 6669.

If you have an IRC client and wish to chat on VWEnet you should set it to use the ports above, but we recommend customers avoid port 6667 for faster access.

As a service to the Internet community, vwe may grant access to other Internet users provided that the network routing to those users is favourable.


Secure Shell Server

This server hosts our Secure Shell Accounts for access via a SSH Version 2 compatible client.

The standard address for servers supporting SSH connections are as follows, unless otherwise specified by vwe internet ltd.

ssh.machinename.vwe.net

On the default SSH port (22), you should login using your secure shell username and secure shell password.

Passwords used for this service must be changed every 30 (thirty) days. Accounts with passwords older than 30 days are automatically disabled. Full  information on the account password status, when to and how to change it are provided at login time.


vwe Terms & Conditions for Web Authoring, Domain Registration Services, Consultancy, Mailing Lists, Scanning, Secure It! and Software

  1. Sole Contract Terms

    All contracts entered into, or the supply of goods or services by vwe internet limited, its successors or assigns, (hereinafter known as vwe internet) shall be subject to these conditions. vwe internet's employees or agents are not authorised to make any representations concerning the work or supply of goods and services unless confirmed by vwe internet in writing. In entering into the contract the customer or supplier acknowledges that it does not rely on and waives any claim or breach of any such representation which is not so confirmed.

  2. Price Order and Order Variation

    No order submitted by the customer should be deemed to be accepted by vwe internet unless and until confirmed in writing by vwe internet's authorised representative. The customer shall be responsible to vwe internet for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the customer and for giving vwe internet any necessary information relating to the work within a sufficient time to enable vwe internet to perform the contract in accordance with its terms. The quantity, quality and description of the specification of the work shall be set out in vwe internet's quotation, or in the customer's specification (if accepted by vwe internet).

    If goods or services are to be supplied or any process is to be applied to the goods by vwe internet in accordance with a specification submitted by the customer, the customer shall indemnify vwe internet against all loss, damages, costs and expenses awarded against or incurred by vwe internet in connection with or paid or agreed to be paid by vwe internet in settlement of any claim for infringement of any patent, copyright, design, trademark or other industrial intellectual property rights or any other person which results from vwe internet's use of the customer specification. The cost of all work supplied by vwe internet shall be subject to Value Added Tax and vwe internet reserves the right to charge such tax whether referred to or not in any quotation or estimate.

  3. Preliminary Work

    All work carried out, whether experimentally or otherwise, at the customer's request shall be charged and shall be paid for by the customer forthwith on demand or in advance if vwe internet so requires.

    Copy

    A charge may be made to cover any additional work involved where vwe internet does not find the copy supplied to be clear and legible.

    Proofs

    vwe internet shall incur no liability for any errors not corrected by the customer on proofs or test web pages submitted by vwe internet for customer approval. Customer's alterations and additional proofs or web pages necessitated thereby shall be charged extra. When style, type, layout is left to vwe internet's discretion, alterations made by the customer shall be charged extra.

    Artwork, Design and Content

    The customer shall provide vwe internet with all of the artwork, graphics, design and content suitable for a PC platform that vwe internet require for the work in hand. In the event that vwe internet produces artwork or formulates a design or writes content for the customer, it is the customer's liability to ensure that vwe internet is provided with a precise and accurate brief of what the customer requires. In the event that the customer rejects any artwork, design or content supplied by vwe internet, such rejection must be made in writing to vwe internet within three days of its submission to the customer. In the event of such rejection, vwe internet undertakes to produce one revised version of such artwork, design or content within the quoted price structure (excluding CGI scripts). Further revision of such artwork, design or content will be chargeable to the customer except where the customer provides their own artwork, design or content to replace it. Copyright in all artwork, design or content produced by or amended by vwe internet shall be vested in vwe internet.

  4. Company Logo

    vwe internet reserves the right for all work and/or web sites it has been engaged in to carry its company logo and/or hyperlink which will be positioned at the discretion of vwe internet on the customer's web site.

  5. Completion Dates

    No completion dates are guaranteed unless 'Rush Service' is specified and paid for and the required date notified in writing. In the event of such a completion date not being met then vwe internet's liability shall only extend to the refund of the 'Rush Fee'.

  6. Payment Terms

    On certain classes of work, vwe internet reserves the right to insist upon full payment being received prior to the commencement of work. New Customer Accounts: An advance payment of 50% will be required with order with the balance payable before completion of the work or web site and within 7 days of the final invoice date.

  7. Approved Credit Accounts

    Approval must be in writing. Payment must be made by the 14th day after the invoice date and accounts are strictly net.

    Any sum due but not paid, either by an approved account or by a new account, shall bear interest at a rate of 3 per cent per month. Such accrual shall commence from the day following the day on which the account became due. If, at any time after the due date, proceedings are commenced to recover any sums deemed by vwe internet to be owed to it, the full cost of such proceedings, including solicitors costs and all legal fees, shall be added to the sum owed by the customer to vwe internet, and such cost shall become a debt from the customer to vwe internet recoverable by action on a full indemnity basis. vwe internet is further entitled to stop work on any unpaid project and remove any web site from the world wide web in respect of which payment is overdue.

  8. Claims

    Any dispute or claim regarding the invoice or goods or services supplied must be made to vwe internet in writing within seven days of the date of invoice. Claims made outside this limit will not be entertained. vwe internet will not be liable in respect of any claim unless the aforementioned requirement has been complied with.

  9. Liability

    Subject as expressly provided in these conditions and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract of Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where the goods are sold 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.

    Except in respect to death or personal injury caused by vwe internet's negligence, vwe internet shall not be liable to the customer by reason of any misrepresentation or any implied warranty, condition or other term, or any duty at common law or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by negligence of vwe internet, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or services or the use or resale by the customer except as expressly provided in these conditions.

  10. Insolvency of the Customer or Supplier

    This clause only applies if the customer or supplier makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual firm) becomes bankrupt or (being a Company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or an encumbrance takes possession or a receiver is appointed, of any of the property or assets of the customer or supplier or the customer or supplier ceases or threatens to cease to carry on business or vwe internet reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer or supplier and notifies the customer or supplier accordingly.

    Without prejudice to any other right or remedy available to vwe internet, vwe internet shall be entitled to cancel the contract or suspend any further provision of services or deliveries or production or payments due under the contract without any liability to the customer or supplier and if the goods or any service have been delivered by vwe internet or performed by vwe internet and not paid for the price shall become immediately due and payable by the customer notwithstanding any previous agreement or arrangement on the contrary.

  11. Customer's Property

    Except in contracts with persons dealing as consumers, customer's property and all other property supplied to vwe internet by or on behalf of the customer shall while it is in the possession of vwe internet or in transit to or from the customer be deemed to be at the customer's risk unless otherwise agreed and the customer should insure accordingly. vwe internet shall be entitled to make a reasonable charge for the storage of any customer's property left with vwe internet before receipt of the order or after the notification to the completion of the work. Whilst every care is taken, vwe internet and its agents cannot accept any responsibility for the loss or damage to artwork, photographs, transparencies, etc. Any liability shall be limited to the replacement cost of the basic material.

  12. Material supplied by the Customer

    vwe internet may reject any paper, plates, programs or other materials supplied or specified by the customer which appear to it to be unsuitable. Any additional cost incurred if materials are found to be unsuitable during production may be charged. Where materials are so supplied, vwe internet will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials supplied or specified. Quantities of materials supplied must be adequate to cover normal spoilage.

  13. Material produced by the Supplier

    In all cases in which vwe internet commissions work, either on its own behalf or on behalf if its customer, whether such work is related to a design, a process, a graphic, a database, a script, coding or otherwise, then the supplier of such work warrants that it is fit for its intended purpose. All rights relating to such work or any inventions or new processes arising therefrom, including but not limited to copyright and the right to resell such work as it sees fit, shall be vested solely in vwe internet, its successors or assigns. The supplier of such work shall indemnify vwe internet against the cost of rectifying any such work that vwe internet deems unsuitable or not fit for its intended purpose, and such rectification shall be undertaken by any party nominated by vwe internet at its sole discretion.

  14. Default

    If the customer shall be in default under this or any other contract between the customer and vwe internet, or vwe internet has reason to believe that the customer will be unable or unwilling to discharge its obligations to vwe internet as they arise then vwe internet may cease work without any liability for any default caused and give notice thereof to the customer whereupon the customer shall pay forthwith for all goods and services supplied by vwe internet under this or any other contract with the customer (whether or not payment would otherwise be due) and proper charge for goods used or provided and work carried out prior to cessation of work aforesaid. vwe internet shall have a general lien on all items, materials, goods belonging to the customer in vwe internet's possession or under its control to secure payment of all sums due from the customer failing to comply in full with any written demand for payment of any sum due for a period in excess of 14 days from the date of the demand.

  15. Illegal Matter

    vwe internet shall not be required to print or publish any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party and reserves the right to refuse to print any matter which in its opinion may be prejudicial or detrimental to the good of vwe internet's business. The customer shall indemnify vwe internet in respect of any claims, costs and expenses, legal or otherwise, arising out of any libellous matter or any infringement or copyright, patent, design or any other proprietary or personal rights contained in any material printed or published for the customer. The indemnity extends to any amounts paid for legal advice in settlement of any claim.

  16. Force Majeure

    vwe internet shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of supply, lock out, strike or other action taken by employees in contemplation of furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to vwe internet elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery or publication on the world wide web when available.

    All contracts between the customer and vwe internet shall be governed by English Law and all contracts hereunder shall be deemed to be made at vwe internet's Registered Office namely Well Cottage, Bircham, KINGS LYNN, PE31 6RJ. The marginal headings or notes are indicative and form no part of these terms and conditions for the purpose of interpretation or enforcement thereof. Any notice required or permitted to be given by either party to the other party under these conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time be notified pursuant to this provision to the party giving the notice. No wavier by vwe internet of any breach of contract by the customer or supplier shall be considered as a wavier or any subsequent breach of the same or any other provision. If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part of the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected hereby.

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