Archive for the ‘Legal’ Category

Acceptable Use Policy

Introduction

WoW4 Limited (under our World of Web hosting Brand) has created this Acceptable Use Policy (AUP) for hosting customers to protect our resources, and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that WoW4 Limited (WoW4) comply with all relevant UK laws. This AUP must be read in conjunction with our Terms and Conditions.

It is the responsibility of all customers of the WoW4 network and services to ensure that they comply with the latest edition of the AUP at any given time.

This AUP may be revised, without notice, at any time, at the sole discretion of WoW4. Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP.

In the event of a breach of this policy, WoW4 reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.

If you have any questions about any of our policies, please contact the Customer Service Team at: askus@wow4-ltd.co.uk.
Compliance with UK Law

It is an offence under UK law to transmit, receive or store certain types of files.

Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.

It is also a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trade marks. Customers are reminded that sharing copyright material through the use of peer to peer software may consequently constitute a criminal offence if done without permission of the right owner in question. WoW4 will co-operate with any agency or rights holder wishing to assert their rights in these matters and WoW4 reserve the right to withdraw service under such circumstances.

The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.

Under the Electronic Commerce (EC Directive) Regulations 2002, WoW4 is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts we will take preventative measures to bring those acts to an end.
Compliance with foreign law

The Internet is global in reach. Consequently it is possible for anyone using the internet to break the laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.
Warranties and Disclaimers

Our service warranties and the extent of our liability are explained fully in our Terms and Conditions.

By connecting to the WoW4 network, Customers agree to hold WoW4 harmless in the event of any legal claim regarding our services.
Irresponsible usage

Customer acknowledges that they have a responsibility to ensure that their connection is not used in an irresponsible manner. WoW4 deem irresponsible use of the services to include, but not be limited to, sending unsolicited e-mail (“spamming”), attempting to breach the security of a 3rd party machine, and flooding Usenet by placing a single post in a large number of newsgroups.

In the event that a customer’s services are used for any purpose that WoW4 deem irresponsible then WoW4 reserve the right to suspend service while the usage is investigated in consultation with the customer. Should investigation determine that the service has been used irresponsibly, WoW4 reserve the right to terminate the customer’s account with immediate effect. Wherever possible the customer will be notified in advance of any termination.
Security and privacy

Login names and passwords must be kept secret and not be communicated to any third party. WoW4 must be notified immediately if they are compromised. If a customer forgets or loses their password, they will need to contact support to have it changed.

Customers are responsible for all traffic that is sent from their server. It is therefore the customer’s responsibility to ensure that all software is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers and proxy servers, must not be remotely exploitable.

If WoW4 find malicious traffic emanating from a customer’s server, WoW4 have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. WoW4 understand that in many cases a customer may not be responsible for or aware of the problem, and therefore WoW4 will work with the customer to resolve the issue as efficiently as possible to restore normal service.
E-mail

Customers may not use WoW4 services to send unsolicited commercial e-mail (UCE, also known as ‘Spam’). WoW4 will block the mail services of any customer found to be sending such mail.

Customers may not have “open mail relays”. WoW4 will close the relay or connection of any customer found with an open mail relay.

Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available.

WoW4 reserve the right to remove any mail older than 60 days from shared mail servers. It is the customer’s responsibility to ensure that mail is regularly collected and removed from WoW4’s POP3 server. WoW4 strongly advise against the use of the POP3 option to keep mail on the server. If a POP3 mailbox contains an excessive amount of mail, WoW4 reserve the right to remove older mails from the mailbox to reduce its size.
Hosting (Shared)

By uploading to the services, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.

The Customer will be responsible for the content of their website, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. WoW4 reserve the right, without notice or explanation, to remove material which does not comply with this AUP or our Terms and Conditions, such as material of an adult nature or pirated software.

WoW4 reserve the right to suspend any or all of the service at any time, without prior notice, explanation, or recompense.

Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their website. WoW4 reserve the right to suspend any sites containing such material. Customers must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.

Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on the customer’s behalf. WoW4 must be notified immediately if they are compromised. If someone were to gain access to a customer’s account password, they could tamper with files held on the customer’s website.

The customer has sole responsibility for ensuring that any data is suitably backed-up. WoW4 will not keep backups of customers’ websites. WoW4 will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.

If the account is suspended for any reason, such as non-payment, access to the customer’s website, both for viewing and uploading, may also be suspended.

On closing an account, the relevant data on this Web space will be deleted.
Hosting (Dedicated)

By uploading to a WoW4 dedicated server, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.

The customer will be responsible for the content on their server, including obtaining the legal permission for any works they include and ensuring that the content on the server does not violate UK law. WoW4 reserve the right, without notice or explanation, to remove from the network a server which does not comply with this AUP or our Terms and Conditions, such as one storing material of an adult nature or pirated software.

WoW4 reserve the right to remove a server from the network, if it is deemed to be causing excessive load or traffic, is adversely affecting the performance of other servers on the network, or is being abused by an external entity. It is the customer’s responsibility to ensure that their scripts are not vulnerable to these problems.

The customer agrees not to advertise their Website via unsolicited commercial e-mail. WoW4 reserve the right to suspend a site which has been ‘spamvertised’ at any time.

WoW4 do not impose quotas for data transfer on dedicated servers. However if a customer is using an excessively high volume of bandwidth for data transfer WoW4 reserve the right to revert to its terms and conditions and impose a charge for high usage. We ask customers who intend to use high volumes of bandwidth for data transfer to first discuss their requirement with their dedicated Account Manager.

Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their dedicated server. WoW4 reserve the right to remove from the network any server containing such material. Customers must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.

Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on the customer’s behalf. WoW4 must be notified immediately if they are compromised. If someone were to gain access to a customer’s account password, they could tamper with files held on the customer’s server.

The customer is ultimately responsible for ensuring that their site is suitably backed-up.

If the account is suspended for any reason, such as non-payment, access to the server may be suspended.

On closing an account, the data on the dedicated server will be deleted.
Attempted security breaches

Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic.

It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation.

Attempts to circumvent copy protection technology and encryption are also likely to be illegal under the Copyright Designs and Patents Act 1988 (as amended).
Non-Specific

Customers may not mount an attack, by whatever means, against our system, or any other systems. Customers may not run un authorised mailing lists from or through any of our machines or mail servers.

Any IP addresses assigned to customers are owned by WoW4.

When using a quota-based service, it is the customer’s responsibility to remain within their usage quota. WoW4 reserve the right to delete files for over-quota users if disk space is affecting the normal running of the server.

A WoW4 affiliate is not eligible to earn commission from products purchased for their own use, whether by clicking through a banner they have placed upon their own website, or by clicking on another website’s WoW4 affiliate banner

Anti Spam Policy

At WoW Hosting Solutions T/A WoW4 Limited Registered in England & Wales company number 6419064 (WoW4), we are aware of our responsibilities as a good Internet citizen and are dedicated to protecting the privacy rights of other Internet citizens. We vigorously oppose the sending of unsolicited e-mail (spam) and have made every effort within our power to discourage and prohibit the sending of spam.

WoW4 does not allow anyone to use our products or services for the purpose of sending spam. We have and will continue to refuse business from known spammers. If a current WoW4 customer uses our products or services for the purposes of spamming anyone, their product license and/or service contract will be voided without refund.

We are highly sensitive to the privacy of each of the subscribers on the lists that we host and will not make their name, address, or any other information that they have provided us available to anyone without the subscriber’s express permission. We require that each message sent out includes an easy way for the subscriber to remove themselves via an unsubscribe link. If a recipient calls our offices and requests to be manually removed from a customer’s list, we will manually unsubscribe the recipient from your account.

WoW4 may determine at its sole discretion whether a customer is spamming. There are a number of factors WoW4 uses to determine whether a customer is spamming, including, but not limited to: complaints sent to abuse report addresses, SpamCop reports, complaints sent to any of WoW4 upstream providers, and evaluating a customer’s mass e-mail statistics and recipient addresses. Decisions made by WoW4 personnel regarding a customer’s use of WoW4 are final.

Definition of Spam

Spam is unsolicited email sent in bulk. Any promotion, information or solicitation that is sent to a person via e-mail without their prior consent, where there is no pre-existing relationship between the sender and the recipient, is spam.

Examples of Spam

Any e-mail message that is sent to a recipient who had previously signed up to receive newsletters, product information or any other type of bulk email but later opted-out by indicating to the sender that they did not want to receive additional email, then that email is spam.

Any e-mail message that is sent to recipients that have had no prior association with the organization or did not agree to be e-mailed by the organisation is spam.

Any e-mail message that is sent to a recipient without a way for a person to opt-out or request that future mailings not be sent to them, is spam.

Any email message that does not have a valid email address in the reply-to line is spam.

Any email message that contains any false or misleading information is spam.

Any email that says you can earn £1000s each week from home is spam.

Any email message that promotes an adult web site is spam, unless the recipient has specifically requested information from that web site.

Any message that contains “ADV:”, “ADV ADLT:”, or “ADV ADULT” in the subject is spam.

Any message that is sent to e-mail addresses that have been harvested off of web sites, newsgroups, or other areas of the Internet is spam.

What is not Spam

An e-mail message is NOT spam if the recipient in anyway requested email be sent to them from the sender or the sender’s organisation.

Anytime an organisation sends a bulk email message to one of its customers it is NOT spam provided that the organisation offers a way for the customer to opt-out of future mailings and that the customer did not previously opt-out.

An e-mail message is NOT spam when sent to recipients who agreed to receive information or promotions from a partner organisation (as long as there is a clear opt-out option).

If you have any questions about our Anti-Spam Policy, or if you want to report spamming activity by one of our customers, please contact our abuse department at: abuse@wowhost.co.uk

Terms of Service

WoW Hosting Solutions is a brand of WoW4 Limited company number 6419064 (hereinafter referred to as “WoW4”), a provider of internet related services including connectivity, co-location, dedicated and shared server, website hosting, domain name services and website design related services.. These Conditions set out the terms under which WoW4 will provide Services to the Client (as such terms are defined below). These Conditions will be supplemented from time to time by order confirmation forms setting out specific details relating to services requested by the Client and, as so supplemented, will apply to the exclusion of any other terms and conditions including any which the Client may attempt to introduce.

To the extent that the Client is deemed to be a consumer (as defined by the Unfair Contract Terms Act 1977) then these Conditions will not affect the rights of the Client as a consumer and will apply to the extent that applicable law allows.

By logging into your account or updating files you are deemed to have accepted these terms and conditions

These Conditions are divided into four parts, however all parts may not apply in every case:

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Part 1 applies in all cases.
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Part 2 applies where WoW4 is to provide software and/or equipment in connection with the Services.
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Part 3 applies where the Services include ongoing support and maintenance services.
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Part 4 applies where the Services include domain name registration services.

Part 1 : General Provisions
1.Definitions

In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context: “Agreement”

the agreement between WoW4 and the Client for the provision of Services formed by these Conditions and the Order Confirmation(s)
“Ancillary Systems”

any Software and/or Equipment
“Associated Company”

in respect of either party, a subsidiary or holding company of that party or any subsidiary of such holding company and the terms “subsidiary” and “holding company” will have the meanings given to them by sections 736 and 736A Companies Act 1985
“Business Day”

a day which is not a Saturday or Sunday or public or bank holiday in England and Wales
“Business Hours”

9am to 5pm on each Business Day
“Client Materials”

data, text, images, graphics, videos, logos and other content and material, hardware or equipment provided by the Client in connection with the Agreement for use by WoW4 in providing the Services
“Client”

as identified on the Order Confirmation(s)
“Client System”

the Client’s computer system upon which the Software is loaded or otherwise in connection with which the Services are provided
“Conditions”

these conditions (in four parts) to be read in conjunction with the Order Confirmation(s)
“Defect”

any defect in systems having a material effect on the Client’s use or operation of the Services or any failure by any Ancillary System to comply with any term of Part 2 of these Conditions
“Domain Services”

those domain registration and other related services (if any) provided to the Client by WoW4 pursuant to the Agreement, as described on a relevant Order Confirmation
“Equipment”

any hardware, cabling and/or other equipment provided to the Client by WoW4 in connection with the Agreement
“Fees”

the charges due to WoW4 under the Agreement in relation to the Services, as set out on the Order Confirmation(s)

“Intellectual Property Rights”

any and all patents, trade marks, service marks, copyright, moral rights, rights in design, know-how, confidential information and all or any other intellectual or industrial property rights whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world together with all or any goodwill relating to the same
“Netiquette”

generally accepted standards and codes of practice for use of the internet including not sending bulk unsolicited email, mail bombing or impersonating another person
“Order Confirmation”

the order confirmation form(s) submitted by WoW4 to the Client by email or otherwise in writing for the provision of the Services, in response to the Client’s order or request
“WoW4 Limited”

WoW4 Limited, Henderson Business Centre, Ivy Road, Norwich, Norfolk, NR5 8BF

“Services”

those development, implementation, consultancy, hosting and other services (if any) provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation, together with any Support Services and Domain Services
“SLA”

the level of performance to be provided by WoW4 to the Client in respect of the Services, as set out on the Order Confirmation(s)
“Software”

any communications or other software provided to or made available to the Client by WoW4 in connection with the Agreement, but excluding Third Party Software
“Support Services”

those support and maintenance services provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation
“Support Hours”

the hours during which WoW4 will provide the Support Services, as set out on a relevant Order Confirmation
“Third Party Software”

any software identified as third party software (if any) to be provided to the Client pursuant to the Agreement, as set out in a relevant Order Confirmation
“Use the Software”

to load the Software onto and store and run it on the Client System and/or Equipment in accordance with the terms of the Agreement

2.Interpretation

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2.1 The headings used in the Agreement are inserted for convenience only and are not intended to be part of nor to affect the meaning or interpretation of any of the Agreement.
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2.2 In the Agreement the masculine includes the feminine and the neuter, and the singular includes the plural and vice versa as the context shall admit or require.
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2.3 The expression “person” means any individual, firm, body corporate, unincorporated association, partnership, government, state or agency of a state or joint venture.
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2.4 In the event of a conflict between any of these Conditions and any Order Confirmation, the conflict will be resolved according to the following order of priority: these Conditions then the Order Confirmation.
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2.5 The words “include”, “includes”, “including” and “included” will be construed without limitation unless inconsistent with the context.
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2.6 The Agreement (as varied in accordance with its terms) forms the entire understanding of the parties in respect of the matters dealt within it and supersedes all previous agreements, understandings and negotiations between the parties.
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2.7 The parties do not intend that any of the terms of the Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not party to it.
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2.8 References in these Conditions to clauses means clauses of these Conditions. References in these Conditions to the provisions of statutes or statutory instruments are deemed to include those provisions as amended or substituted

3.Service Provision

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3.1 The Services are described or referred to on the Order Confirmation(s).
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3.2 WoW4 will use its reasonable endeavors to provide the Services in accordance with any timescale set out on the Order Confirmation(s), but will not be liable to the Client where, using those endeavors, it fails to meet any timescale.
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3.3 WoW4 will not be liable for any failure to provide the Services resulting from any breach by the Client or its employees, agents or subcontractors of the Agreement.
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3.4 WoW4 will not be obliged to provide any services not referred to on the Order Confirmation(s). Furthermore, WoW4 cannot provide the Services where the Client makes use of particular systems including communications systems identified in writing by WoW4.
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3.5 The terms of the Agreement form the entire agreement between WoW4 and the Client in relation to the Services and all other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. The Client may not rely upon any representation made or given by any employee of WoW4 prior to the Agreement being entered into unless confirmed in the Agreement.
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3.6 WoW4 may at any time and from time to time improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Equipment with software or equipment of similar specification) provided that such modification does not materially affect provision of the Services to the Client. WoW4 will endeavor to give the Client reasonable notice of any such modification, where this is reasonably practicable.
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3.7 WoW4 will, upon arrangement and provided that no Fees are due and payable, allow the Client reasonable access to any co-located server hosted by WoW4 as part of the Services during Business Hours. Access will only be granted to the Client if WoW4 is given at least 3 Business Days’ notice in writing that access is required and acceptance of that request has been confirmed in writing to the Client by WoW4.
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3.8 Without prejudice to its other rights and remedies, WoW4 may at its sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:
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3.8.1 notified or unscheduled upgrade or maintenance of WoW4’s IT systems;
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3.8.2 issue by any competent authority of an order which is binding on WoW4 which affects the Services;
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3.8.3 if the Client fails to pay any Fees or any other sums owing to WoW4 by the Client when they fall due;
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3.8.4 if an event occurs and WoW4 deem it to be appropriate to terminate the Agreement;
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3.8.5 if the bandwidth or computer memory used by the Client in relation to the Services exceeds any agreed or stipulated level and WoW4 determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by WoW4 from time to time;
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3.8.6 if the size of an email, mailing list or cron job used by the Client exceeds any agreed or stipulated size, level or frequency and WoW4 determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by WoW4 from time to time; or
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3.8.7 failure or deficiencies in the Client System referring but not limited to hardware, server corruption and security breaches.

Where WoW4 suspends provision of the Services in accordance with clause 3.8.3, it will only be obliged to recommence provision during Business Hours and once the Client has paid all relevant outstanding sums in clear funds together with any relevant reinstatement fee (as published from time to time by WoW4) and has accepted any revised payment terms requested by WoW4 (such as payment by direct debit).
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3.9 The Client will provide to WoW4 those Client Materials identified on the Order Confirmation(s) within a reasonable time period taking account of the obligations of WoW4 under the Agreement.
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3.10 The Client warrants that the Client Materials will be accurate in all material respects and will not knowingly include material which is illegal, the accessing holding transmitting or supplying of which would be a criminal offence or which is otherwise unlawful or in breach of any applicable law or code of practice applying to such materials. In particular, the Client warrants that all necessary licence’s, consents and waivers (including those from rights owners, performers and other contributors) are obtained and paid for by the Client. Without prejudice to the foregoing, WoW4 may decline to use any Client Materials on any reasonable grounds.
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3.11 The Client will supply in a timely manner all information, instructions, review and feedback reasonably required by WoW4 in connection with the performance of its obligations under the Agreement and will appoint a representative who is fully empowered and authorised to provide the same.

4.Service Delivery

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4.1 The Client acknowledges that, given the nature of such services, WoW4 cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.
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4.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services and any Client Systems and Ancillary Systems are provided by WoW4 to the Client on an “as is” and “as available” basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement including as to satisfactory quality and fitness for a particular purpose. In particular, WoW4 gives no warranty or representation that:
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4.2.1 the Services will meet the Client’s requirements;
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4.2.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis; or
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4.2.3 any results obtained from use of the Services will be accurate, complete or current.
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4.3 WoW4 warrants that it will provide the Services with reasonable care and skill and in accordance with any SLA. WoW4 will not be liable for a breach of such warranty unless the Client notifies WoW4 in writing of such failure within 14 days of the Client becoming aware of the failure.
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4.4 If the Client makes a valid claim against WoW4 based on a failure by WoW4 to comply with the warranty set out in clause 4.3 WoW4 may, at its option, take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to such Services, provided that the liability of WoW4 under such warranty will in no event exceed one and a quarter times the amount of the Fees paid to WoW4 by the Client (excluding VAT and expenses) in the 12 month period prior to the date on which the Client makes the claim. If WoW4 complies with this clause, it will have no further liability for a breach of the said warranty.

5.Client’s Obligations

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5.1 The Client agrees that it will:
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5.1.1 immediately notify WoW4 on becoming aware of any un authorised use of all or any of the Services and/or relevant part of the Client System;
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5.1.2 not use the Services, Ancillary Systems and/or Client System or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (including any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under English law or regulation, the laws or regulations of the Client’s country or any other place where the results of such purpose or the material in question can be accessed;
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5.1.3 not use the Services, Ancillary Systems and/or Client System or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of WoW4 may harm WoW4 or any of its Associated Companies or clients or bring WoW4 into disrepute or which calls into question any action taken by WoW4 on the Client’s behalf;
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5.1.4 not use the Services, Ancillary Systems and/or Client System or allow them to be used in breach of good Netiquette practices;
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5.1.5 remove or prevent access to any material hosted on any of the Equipment and/or Client System which causes or is likely to cause the Client to be in breach of the Agreement;
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5.1.6 ensure that it has all necessary consents, permissions and licence’s to make use of the Services including registration and appropriate consents and approvals under the Data Protection Act 1998;
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5.1.7 not provide any technical or other information obtained from WoW4 and/or relating to the Services to any person which the Client is aware or ought reasonably be aware may directly or indirectly lead to a breach of any law or regulation;
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5.1.8 not, in breach of good Netiquette practices, use any service provided by any third party (including an internet web site and/or email) for the publication, linking to, issue or display of any material which refers to an internet web site hosted by WoW4 or any other products or services offered by WoW4 from time to time without WoW4’s prior written consent;
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5.1.9 ensure that all material or data hosted by WoW4 on any web site operated by the Client from time to time or communicated through such site or using the Client System is checked for viruses and other harmful code and has appropriate security patches applied;
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5.1.10 save as provided in any Order Confirmation, be responsible for keeping regular and full back ups of all material and data hosted by WoW4 on any web site or other system operated by the Client from time to time including the Client System and/or Ancillary Systems;
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5.1.11 comply with any security policy notified to it from time to time by WoW4 and, in particular, ensure that all passwords and user names provided to it by WoW4 are at all times kept confidential, used properly and not disclosed to un authorised people. If the Client has any reason to believe that any password or user name has become known to someone not authorised to use it or is being or is likely to be used in an un authorised way or of any other breach of security then the Client will inform WoW4 immediately;
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5.1.12 monitor its bandwidth in relation to the use of Services and report to WoW4 any use of bandwidth over and above those agreed or stipulated levels set out in the Order Confirmation;
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5.1.13 be entirely liable for all activities conducted and charges incurred under its passwords and user names whether authorised by it or not and the Client acknowledges that WoW4 shall not be liable for any loss of confidentiality or for any damages arising from the Client’s inability to comply with these Conditions;
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5.1.14 not use any part of the WoW4 premises except as is reasonably necessary to inspect and maintain any co-located server hosted as part of the Services and the Client shall ensure that such server is kept in good condition and is in its original condition upon the termination of such hosting;
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5.1.15 ensure that the Client obtains and maintains insurance over all parts of the Client System which are located on the premises of WoW4 or any of its Associated Companies and to provide evidence that such insurance is in place, upon WoW4’s demand;
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5.1.16 not, whilst present at any WoW4 premises, do anything which may be dangerous or a nuisance or inconvenience or to disturb, threaten or abuse any WoW4 personnel or other WoW4 clients and the Client shall abide by all health and safety and other policies as WoW4 may notify to the Client from time to time in relation to any such premises;
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5.1.17 ensure that all communication details which it provides to WoW4 are at all times true, current, accurate and complete. The Client will promptly notify WoW4 of any change to such details and acknowledges that WoW4 will not be liable for any loss suffered or incurred by the Client as a result of its failure to notify such changes to WoW4; and
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5.1.18 ensure that its systems (including the Client System) meet any minimum system specifications notified to the Client from time to time.
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5.2 The Client acknowledges that it has appropriate knowledge of how the internet functions, the systems and products provided to it in connection with the Agreement and what types of use and content are and are not acceptable, some of which are referred to in clause 5.1.2. The Client acknowledges that WoW4 shall have no obligation to:
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5.2.1 train the Client on its use of the Services or any Ancillary System;
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5.2.2 manipulate any material which the Client wishes to and/or does post on any web site or other system it operates (including any Client System) or any communication which it issues or sends in connection with any Services; or
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5.2.3 validate or vet such material for usability, legality, content or correctness.

The Client also acknowledges that the services and products provided by WoW4 are standard packages which are not tailored to specific requirements of the Client, unless confirmed in writing by WoW4 to the contrary.
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5.3 The Client will promptly provide to WoW4 and/or its consultants, employees and agents such information and assistance as they may reasonably require in order to be able to carry out the Services and, where relevant, deliver and install any Ancillary Systems.
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5.4 The Client will procure all necessary rights from third parties (including intellectual property licence’s of computer software and website content including ring tones and music) which are from time to time required in order for WoW4 to be able legally to provide the Services.
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5.5 If, in WoW4’s opinion, the Client is in breach of the provisions of clauses 5.1.2 to 5.1.4 then WoW4 may without prejudice to its other rights and remedies immediately by written notice to the Client:
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5.5.1 suspend provision of the Services;
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5.5.2 terminate the Agreement; or
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5.5.3 amend or remove any Client Materials and/or content appearing on any website or other system hosted by WoW4 on behalf of the Client (including any Client System or Ancillary System).

WoW4 may also notify appropriate public authorities (governmental or otherwise including the police or other enforcement authority) of any such breach, where it deems necessary.
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5.6 Where as part of the Services the Client is entitled (having obtained WoW4’s prior written consent) to resell the whole or any part of the Services to a third party then the Client will:
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5.6.1 procure such third party’s compliance with and acceptance of these Conditions;
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5.6.2 be fully responsible for the acts and omissions of any such third party; and
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5.6.3 indemnify WoW4 for any losses it suffers as a result of such acts or omissions.

6.Payment Terms

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6.1 The Fees are payable to WoW4 subject to the following conditions:
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6.1.1 Fees payable monthly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or relevant part is terminated during the period to which the payment relates;
o

6.1.2 any set up fee will (unless stated to be included within later payments) be payable immediately;
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6.1.3 additional Fees will become payable if the Client exceeds agreed or stipulated bandwidth use levels.
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6.2 Any total sum for the fees set out in an Order Confirmation is (unless stated in the Order Confirmation to be a fixed and firm amount) an estimate of the fees only and not a fixed price quotation.
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6.3 Any sums payable by the Client to WoW4 under the Agreement are exclusive of value added tax or any similar taxes, levies or duties, which will be added to such sums and be payable by the Client at the appropriate rate.
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6.4 The Client agrees to pay WoW4’s invoices within 7 days of invoice due date. If invoices are not settled in full by then, the Client will without prejudice to its other rights and remedies (including the right to suspend the Services under clause 3.8.3) be liable to pay interest on any sum outstanding from the due date for payment at the annual rate of 2% above the base lending rate from time to time of Barclays Bank plc accruing on a daily basis until payment is made whether before or after any judgment.
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6.5 All sums payable to WoW4 under the Agreement must be paid in full with no set off or deduction.
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6.6 WoW4 has a general and particular lien over the Client System until all claims and money payable by the Client to WoW4 on any account whatsoever have been received in full clear funds. If the Client fails to discharge any lien within a reasonable time from the date of notice of exercise then the Client System may be sold in or towards satisfaction of that lien and WoW4 will account to the Client for any excess.
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6.7 WoW4 may make a search in relation to the Client with a credit reference agency (and make other credit enquiries from time to time), keep a record of that search and enquiries, and share that information with third parties. WoW4 may also make enquiries about the principle directors/proprietors of the Client with a credit reference agency.
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6.8 Where the Client authorised payment of any of the Fees by credit card then WoW4 may deduct other amounts becoming payable to it under the Agreement under that credit card without obtaining additional authorisation from the Client.
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6.9 Without prejudice to any other of its rights and remedies, WoW4 will be entitled to remove the Client’s data from its systems and any Equipment and/or put the Equipment to any use other than the Client’s if any amount due under the Agreement is not paid within 21 days of its due date for payment. WoW4 is not required to back up such data or return the same to the Client prior to any such removal or following termination of the Agreement.

7.Confidential Information

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7.1 Each party will (unless contrary to law):
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7.1.1 keep confidential all information obtained from the other under or in connection with the Agreement (“Information”);
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7.1.2 not disclose any Information to any third party without the prior written consent of the other except to such persons and to such extent as may be strictly necessary for the performance of the Agreement;
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7.1.3not use any Information otherwise than for the purposes of the Agreement.
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7.2 The provisions of clause 7.1 do not apply to Information which:
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7.2.1 is or becomes public knowledge (otherwise than by breach of this clause); or
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7.2.2 was in the possession of the party concerned without restriction as to its disclosure before receiving it from the disclosing party; or
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7.2.3 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

and nothing in this clause 7 prevents either party from disclosing any Information for a proper purpose to a public authority or any regulatory body, or to a court of law in the United Kingdom or elsewhere in legal proceedings, or to its senior management, its auditors, bankers, lawyers or other professional advisers.
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7.3 The provisions of this clause 7 will continue to apply notwithstanding termination of the Agreement.
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7.4 The Client, by entering into the Agreement, consents to WoW4 sending to the Client by whatever means the Company deems appropriate (whether by email or otherwise) information concerning new products and other services that WoW4 and its Associated Companies may from time to time offer.

8.Intellectual Property

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8.1 The Client acknowledges and agrees that it will not own or acquire ownership of any Intellectual Property Rights in or relating to the Services or created in performing the Services and that it will have no rights in or to the Services other than the rights expressly granted by the Agreement.
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8.2 The Client will indemnify and keep WoW4 indemnified from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, losses, damages, claims, demands, legal costs (on a full indemnity basis) and judgments which WoW4 incurs or suffers as a consequence of infringement of any Intellectual Property Right of any third party arising directly or indirectly from:
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8.2.1 the provision by WoW4 of Services making use of information or specifications supplied by the Client;
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8.2.2 the Client’s failure to procure all necessary rights from third parties which are from time to time required in order for WoW4 to be able legally to provide the Services; or
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8.2.3 the use by WoW4 in connection with the Agreement of the Client System and the Client Materials.
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8.3 No Intellectual Property Rights created or acquired by WoW4 will transfer or be assigned to the Client unless WoW4 and the Client have signed a written assignment document to that effect.
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8.4 The Client shall keep the Ancillary Systems in good condition during the continuance of the Agreement and free of all charges, liens and encumbrances and protect it from any and all judicial process.

9.Liability

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9.1 The provisions of this clause 9 and the provisions of clauses 4 and 24 set out the entire liability of WoW4 (including any liability for the acts or omissions of its consultants, employees, agents and authorised representatives) to the Client in respect of:
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9.1.1 any breach of the Agreement; and
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9.1.2 any representation, statement or tortuous act or omission including negligence arising under or in connection with the Agreement.
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9.2 Nothing in the Agreement excludes or limits the liability of WoW4 for death or personal injury caused by the negligence of WoW4, fraud or a breach of section 12 of the Sale of Goods Act 1979.
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9.3 Subject to clauses 9.2 the total liability of WoW4 in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Agreement is limited to:
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9.3.1 £50,000 for loss of or damage to tangible property; and
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9.3.2 for any other kind of loss, one and a quarter times the amount of sums paid by the Client to WoW4 pursuant to the Agreement (excluding VAT and expenses) during the preceding 12 month period.
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9.4 WoW4 will not be liable to the Client in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of contract, depletion of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of WoW4 or its employees, agents or authorised representatives, which arises out of or in connection with the Agreement.
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9.5 The Client acknowledges that the allocation of risk in the Agreement reflects the price paid for the Services and that it is not within the control of WoW4 how or for what purposes they are used.

10.Client Indemnity

The Client will fully indemnify and keep WoW4 and its Associated Companies, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by it and arising from any of the following:

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10.1 the Client’s breach of the Agreement, negligence or other default;
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10.2 the operation or break down of any IT systems owned or used by the Client including the Client System but not the Equipment; or
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10.3 the Client’s use or misuse of the Services.

11.Force Majeure

Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, un authorised use or access to the IT systems of WoW4 or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party’s workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
12.Term and Termination

Without prejudice to the remaining provisions of this clause 12 and any other rights and remedies available to WoW4:

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12.1 WoW4 will provide the Services for the period of 12 months from the date of the relevant Order Confirmation or, where different, any other period of supply stated on the Order Confirmation (such period being termed the “Initial Period”) and will continue beyond that period, subject to termination by:
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12.1.1 the Client upon serving 30 days’ written notice on WoW4 following completion of WoW4’s prescribed template procedures for terminating the whole or any part of the Agreement (details of which can be obtained from WoW4’s Customer Services Team); or
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12.1.2 WoW4 serving 30 days’ written notice on the Client to expire at any time after the Initial Period.
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12.2 WoW4 may immediately terminate the Agreement (or at its option, any part of it) by notice in writing to the Client if the Client fails to pay to WoW4 any sum due under the Agreement on the due date for payment.
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12.3 Either party may terminate the Agreement (or, at its option, any part of it) forthwith by notice in writing to the other if the other party:
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12.3.1 is in material breach of the Agreement and fails (where the breach is capable of remedy) to remedy the breach within 30 days of the receipt of a request in writing to remedy the breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement;
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12.3.2 becomes the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986;
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12.3.3 is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
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12.3.4 has a receiver, manager, administrator or administrative receiver appointed over all or any parts of its undertaking, assets or income, has passed a resolution for its winding-up, or has a petition presented to any court for its winding-up or for an administration order; or
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12.3.5 has ceased or threatened to cease to trade.

13.Consequences of Termination

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13.1 Termination of the Agreement is without prejudice to the rights and duties of either party accrued prior to termination.
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13.2 The clauses of the Agreement which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.
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13.3 WoW4 may without notice remove the Client’s data from its systems and any Equipment after expiry of 5 Business Days following termination. For the purposes of this clause, the date of termination will be either the date that WoW4 receives signed authorisation from the Client instructing cancellation of account or the date of expiry of notice of termination served in accordance with these Conditions.
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13.4 Upon termination of the Agreement, the Client will forthwith:
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13.4.1 cease to use the Software, Equipment and Services;
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13.4.2 erase the Software from the Client System and certify to WoW4 that this has been done;
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13.4.3 return to WoW4 any hardware or other equipment loaned to the Client in connection with the Services or any other materials and equipment owned by WoW4; and
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13.4.4 pay all outstanding invoices raised by WoW4 pursuant to the Agreement and pay for all work in progress not previously paid for on a reasonable pro-rata basis (subject to receipt of an invoice for the same from WoW4).
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13.5 In the event of termination of the Agreement by the Client part way through the Initial Period, the Client remains obliged to pay for Services comprising the provision of dedicated server hosting for the remainder of that period.
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13.6 Where following termination, WoW4 is unable to cancel any registration of a domain name registered on behalf of the Client, it may levy a minimum charge to cover the cost of the domain registration fee.
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13.7 Where the Client services include the purchase of licensing for software by WoW4 on behalf of the client, in the event of termination of the agreement by the client, WoW4 are unable to refund any proportion of the software and/or licensing fees incurred.

14.Severability

The illegality, invalidity or un enforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.
15.Waiver

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15.1 The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstances impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy.
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15.2 Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.

16.Assignment and Subcontracting

The Client may not assign the benefit or delegate the burden of the Agreement nor sub-license any of its rights under the Agreement (including to its Associated Company) without the prior written consent of WoW4. Any consent provided by WoW4 under this clause is given on condition that the assignee or licensee, as the case may be, agrees to comply with the terms of the Agreement as if they were the Client. WoW4 may sub-contract or assign any or all of its rights and obligations under the Agreement.
17.Amendments

No variation or amendment to the Agreement (including any Order Confirmation) is effective unless agreed in writing and signed by an authorised representative of WoW4.
18.Notices

Any notice to be given or made by either party under or in connection with the Agreement must be in writing and given or made to the other party at its address stated in the Order Form or to such other address as either party may from time to time notify to the other. Every notice, if so addressed, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant party, if sent by prepaid first class post, two Business Days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by prepaid first class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a Business Day or after 4.00 p.m. on a Business Day, such notice shall be deemed to be given or made at 9.00 a.m. on the next Business Day. WoW4 may additionally serve notice on the Client under or in connection with the Agreement by email to the Client by sending an email to the contact email address stated on the Order Confirmation(s) or, in the case of a Client for whom WoW4 has registered a domain name, to webmaster@[registered domain name], and in such a case the email will be deemed sent once transmitted from WoW4’s email server.
19.Applicable Law and Jurisdiction

The construction, performance and validity of the Agreement will be governed by English law and the English courts have jurisdiction to settle any disputes which may arise out of or in connection with it.
Part 2 : Ancillary Systems Supply
20.Provision of Software

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20.1 In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:
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20.2 In consideration of payment by the Client of the Fees, WoW4 will supply to the Client one copy of the Software and Third Party Software in object code form.
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20.3 WoW4 grants to the Client the non-exclusive right to Use the Software for so long as the relevant Services continue to be provided subject to the remaining terms of these Conditions.

21.Client’s Undertakings

The Client undertakes:

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21.1 to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
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21.2 to take good care of the Ancillary Systems; and
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21.3 not to provide or otherwise make available the Software in whole or in part (including program listings, object and source program listings, object code and source code) in any form to any person other than the Client’s employees without the prior written consent of WoW4.

22.Copying

The Client may make only so many copies of the Software as are reasonably necessary for operational security and to Use the Software. Such copies and the media on which they are stored will remain the property of WoW4, and the Client will ensure that all such copies bear WoW4’s proprietary notices. The provisions of Part 2 of these Conditions will apply to such copies as it applies to the Software.
23.Alterations

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23.1 Except to the extent and in the circumstances expressly required to be permitted by WoW4 by law, the Client may not:
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23.1.1 alter, modify, adapt or translate the whole or any part of the program listings, object and source program listings, object code or source code in the Software in any way whatsoever;
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23.1.2 permit the whole or any part of the Software to be combined with or become incorporated in any other computer programs; or
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23.1.3 de compile, disassemble or reverse engineer the Software;

nor attempt to do any of these things.
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23.2 To the extent that the law applicable to the Agreement grants the Client the right to de compile the Software in order to obtain information necessary to render the Software interoperable with other computer programs used by the Client, WoW4 undertakes to make that information readily available to the Client. WoW4 may impose reasonable conditions (including a reasonable fee) for doing so. In order to ensure that the Client receives the appropriate information, the Client must first give to WoW4 sufficient details of the Client’s objectives and the other computer programs concerned

24.Performance

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24.1 The Client acknowledges that:
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24.1.1 software in general is not error-free, and agrees that the existence of such errors will not constitute a breach of the Agreement; and
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24.1.2 the Ancillary Systems will operate only in conjunction with the Client System and other operating systems that may be notified by WoW4 in writing from time to time.
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24.2 WoW4 will use its reasonable endeavors to check the Software for the most commonly known viruses prior to delivery to the Client. However, the Client is solely responsible for virus scanning the Software and WoW4 gives no warranty that the Software will be free from viruses.
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24.3 WoW4 warrants that (subject to the other provisions of the Agreement) the Ancillary Systems will as at delivery be free from material errors which prevent the Client’s use of the Services and conform in all material respects with any applicable specification agreed in writing between the Client and WoW4. WoW4 will not be liable for a breach of this warranty:
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24.3.1 if the error in question has been caused by any modification variation or addition to any part of the Ancillary Systems not performed by WoW4, their incorrect use by the Client, or use with or in connection with systems with which they are incompatible; or
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24.3.2 where the Client does not notify WoW4 in writing of a failure within 14 days of becoming aware of the same.
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24.4 If the Client makes a valid claim against WoW4 based on the failure by WoW4 to comply with the warranty set out in clause 24.3 WoW4 will at its option take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to the defective Ancillary Systems.
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24.5 If WoW4 complies with clause 24.4 it will have no further liability for a breach of the warranty set out in clause 24.3.

25.Third Party Software

Any Third Party Software is supplied to the Client on the basis of the relevant third party’s standard licence terms provided to the Client with the relevant Third Party Software and with which the Client agrees to comply.
Part 3 – Support Services
26.Provision of Support Services

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26.1 WoW4 will provide the Support Services to the Client upon the terms and conditions set out in this Part 3 and Part 1 of these Conditions.
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26.2 WoW4 will only be obliged to provide the Support Services during Support Hours.
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26.3 The obligation of WoW4 to provide Support Services will not extend to:
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26.3.1 rectification of lost or corrupted data;
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26.3.2 Ancillary Systems altered modified or varied by other than WoW4;
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26.3.3 attendance to faults arising from the Client’s failure to comply with WoW4’s instructions with regard to the use of the Services or any documentation or manuals provided by WoW4, or operator error or omission; or
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26.3.4 attendance to faults attributable to the use or interaction of an Ancillary System with other software or systems with which it is not compatible.
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26.3.5 WoW4 will charge its standard employee charge out rates (as published from time to time by WoW4) in addition to the Fees for the carrying out any remedial work described in clauses 26.3.1 to 26.
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26.4 WoW4 will use its reasonable endeavors to provide the Support Services in accordance with the SLA.
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26.5 Scope of Support Services: WoW4 will at no additional charge to the Customer install the standard operating system Software on to the Client System or, where appropriate, the Equipment.
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26.6 WoW4 will operate a help line service to assist the Client and its staff in relation to the Client’s use of the Services and the identification and correction of Defects. Assistance via this help line service may be requested by the Client and provided by WoW4, by telephone, e-mail or helpdesk ticket system provided by WoW4. The service will be obtained by telephoning, e-mailing such numbers or addresses or logging into such ticketing systems, as are notified by WoW4 from time to time.
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26.7 If a Defect occurs, the following procedure will be followed:
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26.7.1 the Client will notify WoW4 of the Defect and provide such information and assistance as WoW4 reasonably requires in connection with such Defect; and
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26.7.2 WoW4 will analyses the Defect and use its reasonable endeavors to rectify the Defect in question or propose a solution in connection with the same, within ten Business Days of being notified of the same under clause 26.6.

Part 4 – Domain Services
27.Service Provision

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27.1 WoW4 will provide the Domain Services to the Client upon the terms and conditions set out in this Part 4 and Part 1 of these Conditions.
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27.2 The Client undertakes and warrants to WoW4 that the registration of any domain name requested by it (a “Requested Domain”):
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27.2.1 and the manner in which it is to be directly or indirectly used will not infringe any third party rights; and
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27.2.2 is not being made in bad faith or could be considered to be an abusive registration under the ICANN or Nominee dispute resolution policies, whichever is appropriate.

The Client also confirms and warrants that any Requested Domain is not being registered and will at no time whatsoever be used for any unlawful purpose.
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27.3 The Client acknowledges that, whilst WoW4 will use its reasonable endeavors to register a Requested Domain, WoW4 will not be obliged to accept any request to register or continue to process any registration of a Requested Domain.
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27.4 The Domain Services are limited to forwarding the application for registration to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application to the Client within a reasonable period after communication from the authority. WoW4 will use reasonable endeavors to notify the Client of any renewal dates however WoW4 accepts no liability for the loss of registration of any Requested Domain.
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27.5 WoW4 makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any Requested Domain. The Client acknowledges that WoW4 cannot guarantee the reservation or registration of any Requested Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.
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27.6 The Client will check that the domain name as reported on all documents sent to the Client (such as invoices and e-mail notifications) is spelt correctly. The Client will notify WoW4 of any incorrect spellings of a Requested Domain promptly and in any event within 24 hours of receiving such document.
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27.7 The Client will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.
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27.8 If the Client wishes to transfer ownership of a Requested Domain then it will procure that all necessary consents to that transfer are obtained and will deliver up to WoW4, on demand, documentary evidence of that all such consents have been obtained. The Client agrees that prior to transferring ownership of a Requested Domain to another person (the “Transferee”) the Client will procure that the Transferee agrees in writing to be bound by the terms of the Agreement. A Requested Domain will not be transferred until WoW4 receives such written assurances as it requires that the Transferee is bound by the terms of the Agreement.
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27.9 WoW4 will not transfer ownership of a Requested Domain until all Fees attributable to the Domain Services which are due have been paid by the Client to WoW4.
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27.10 WoW4 may from time to time change the registrar that a Requested Domain is held with, at its discretion and without notice to the Client.
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27.11 The Client agrees and acknowledges that WoW4 will make registration information provided by the Client in relation to the Requested Domain available to ICANN, Nominet or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority. The Client further acknowledges that WoW4 may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection (such as through the WHOIS service) or other purposes as required or permitted by ICANN, Nominet and applicable law. The Client consents to any and all such disclosures, whether during or after the term of registration of the Requested Domain. The Client irrevocably waives any and all claims and causes of action arising from such disclosure or use of the domain name registration information by WoW4.
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27.12WoW4 will only allow a domain name owned or managed by the Client to be attached to the ISP tag of WoW4 or any of its Associated Companies if the Client has an active hosting account with WoW4 or one of its Associated Companies

Terms of Use

All contents are Copyright © and ™ 2007-2009 WoW4 Limited.
All rights reserved.

No portion of this service may be reproduced in any form, or by any means, without prior written permission from WoW4 Limited.

1. Rules and Regulations.

The following rules and regulations apply to all visitors to or users of this Web Site. By accessing this Web Site, the user acknowledges acceptance of these terms and conditions. WoW4 Limited (“WoW4”) reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, WoW4 reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the WoW4 Web Site, both now and in the future.

2. Limited Licence.
WoW4 hereby authorizes you to copy materials published by WoW4 on this Web Site solely for non-commercial use within your organisation (or if you are a WoW4 Partner, your customer’s organisation) in support of WoW4 products. No other use of the information is authorised. In consideration of this authorisation, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of WoW4 or any third party.

ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM WoW4. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

3. Compliance With Applicable Laws.
User access to this Web Site is governed by all applicable national and local laws. All information available on the Web Site is subject to British export control laws and may also be subject to the laws of the country where you reside.

4. Trademarks.
The trademarks, logos and service marks (“Marks”) displayed on this Web Site are the property of WoW4 or other third parties. Users are not permitted to use these Marks without the prior written consent of WoW4 or such third party which may own the Mark.

5. General Disclaimer.
Although WoW4 has attempted to provide accurate information on the Web Site, WoW4 assumes no responsibility for the accuracy of the information. WoW4 may change the programmes or products mentioned at any time without notice. Mention of non-WoW4 products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WoW4 AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WoW4 AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY CHILINET PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF CHILINET OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Disclosure; Forward-Looking Statements.
Some of the information on this Web Site may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.

7. Cookies
A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you’ve visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites. Some parts of WoW4 use cookies to track user traffic patterns. We do this in order to determine the usefulness of WoW4 information to our users and to see how effective our navigational structure is in helping users reach that information. WoW4 does not correlate this information with data about individual users, nor does it share this information or sell it to any third party.

If you prefer not to receive cookies on WoW4, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any area of WoW4.

8. Products and Services Availability.
Because international information is provided at this Web Site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country. Because WoW4 refer to various products and services on this website, not all products and services will be available in some parts of the country. Please contact WoW4 directly for information pertaining to their availability.

9. Links to Third Party Sites.
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk and WoW4 is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. WoW4 provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

10. Access to Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Web Site is restricted to authorised users only. Un authorised individuals attempting to access these areas of the Web Site may be subject to prosecution.

11. Software License Agreement.
Any software which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating or (iii) the license terms pursuant to this Software License Agreement.

Privacy Policy

1. Statement of intent
From time to time, you will be asked to submit personal information about yourself (e.g. name and email address etc) in order to receive or use services on our website. Such services include newsletters, competitions, “Alert Email”,live chats, and message boards. By entering your details in the fields requested, you enable WoW4 Limited and its divisions to provide you with the services you select. Whenever you provide such personal information, we will treat that information in accordance with this policy. Our services are designed to give you the information that you want to receive. WoW4 Limited will act in accordance with current legislation and aim to meet current Internet best practice.

2. Information on visitors
During the course of any visit to a WoW4 Limited website, the pages you see, along with something called a cookie, are downloaded to your computer (see point 3 for more on this). Most, if not all, websites do this, because cookies allow the website publisher to do useful things like find out whether the computer (and probably its user) has visited the site before. An independent measurement and research company, gathers non-personal data regarding the visitors to our site on our behalf using cookies and code which is embedded in the site. Both the cookies and the embedded code provide non-personal statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site, data on visitors’ screen settings and other general information. WoW4 Limited uses this type of information, as with that obtained from other cookies used on the site, to help it improve the services to its users. If you wish to reject our cookie, you can use the process set out below in point 7.

3.What is a cookie?
When you enter a site your computer will automatically be issued with a cookie. Cookies are text files that identify your computer to our server. Cookies in themselves do not identify the individual user, just the computer used. Many sites do this whenever a user visits their site in order to track traffic flows. Cookies themselves only record those areas of the site that have been visited by the computer in question, and for how long. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these, of course, means that certain personalised services cannot then be provided to that user. NB: Even if you haven’t set your computer to reject cookies you can still browse our site anonymously until such time as you register for WoW4 Limited services.

4. Use and storage of your personal information
When you supply any personal information to WoW4 Limited (e.g. for competitions, brochure requests) we have legal obligations towards you in the way we deal with that data. We must collect the information fairly, that is, we must explain how we will use it (see the notices on particular web pages that let you know why we are requesting the information) and tell you if we want to pass the information on to anyone else. In general, any information you provide to WoW4 Limited will only be used within WoW4 Limited and by its divisions. It will never be supplied to anyone outside of WoW4 Limited without first obtaining your consent, unless we are obliged or permitted by law to disclose it. Also, if you post or send offensive or inappropriate content anywhere on or to WoW4 Limited or otherwise engage in any disruptive behavior on WoW4 Limited Websites, and WoW4 Limited considers such behavior to be serious and/or repeated, WoW4 Limited can use whatever information that is available to it about you to stop such behavior. This may include informing relevant third parties such as your employer, school or e-mail provider about the content and your behavior. We will hold your personal information on our systems for as long as you use the service you have requested, and remove it in the event that the purpose has been met. For safety reasons, however, WoW4 Limited may store messaging transcript data (including message content, member names, times and dates) arising from the use of WoW4 Limited Community services such as Connector for a period of six months. Where personal information is held for people who are not yet registered but have taken part in other WoW4 Limited services (eg competitions), that information will be held only as long as necessary to ensure that the service is run smoothly. We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998. If you are notified on a WoW4 Limited Websites site that your information may be used to allow WoW4 Limited to contact you for “service administration purposes”, this means that WoW4 Limited may contact you for a number of purposes related to the service you have signed up for. For example, we may wish to provide you with password reminders or notify you that the particular service has been suspended for maintenance. We will not contact you for promotional purposes, such as notifying you of improvements to the service or new services on WoW4 Limited Websites unless you specifically agree to be contacted for such purposes at the time you submit your information on the site, or at a later time if you sign up specifically to receive such promotional information

5. Access to your personal information
You have the right to request a copy of the personal information WoW4 Limited holds about you and to have any inaccuracies corrected. Please address requests to the Data Protection Officer, WoW4 Limited, Henderson Business Centre, Ivy Road, Norwich, Norfolk, NR5 8BF (Email: data.manager@wow4-ltd.co.uk).

6. Users 16 and under
If you are aged 16 or under, please get your parent/guardian’s permission beforehand whenever you provide personal information to the WoW4 Limited Websites’ website. Users without this consent are not allowed to provide us with personal information.

7. How to find and control your cookies
If you’re using Netscape 6.0:
On your Task Bar, click:
Edit, then
Preferences
Click on Advanced
Click on Cookies

If you’re using Internet Explorer 6.0:
Choose Tools, then
Internet Options
Click the Privacy Tab
Click on Custom Level
Click on the ‘Advanced’ button
Check the ‘override automatic cookie handing’ box and select Accept, Block or Prompt for action as appropriate.

If you’re using Internet Explorer 5.0 or 5.5:
Choose Tools, then
Internet Options
Click the Security tab
Click on Custom Level
Scroll down to the sixth option to see how cookies are handled by IE5 and change to Accept, Disable, or Prompt for action as appropriate.

If you’re using Internet Explorer 4.0:
Choose View, then
Internet Options
Click the Advanced tab
Scroll down to the yellow exclamation icon under Security and choose one of the three options to regulate your use of cookies. In Internet Explorer 3.0:
You can View, Options, Advanced, then click on the button that says Warn before Accepting Cookies.

If you’re using Netscape Communicator 4.0:
On your Task Bar, click:
Edit, then
Preferences
Click on Advanced
Set your options in the box that says Cookies.

8. How do you know which of the sites you’ve visited use cookies?
If you’re using Netscape 6.0:
On your Task Bar, click:
Edit, then Preferences
Click on Advanced
Click on Cookies
Click the View Cookies button

If you’re using Internet Explorer 5.0 or 6.0:
Choose Tools, then
Internet Options
Click the General tab
Click Settings
View Files

If you’re using Internet Explorer 4.0:
On your Task Bar, click:
View, then
Internet Options
Under the tab General (the default tab) click
Settings
View Files.

Internet Explorer 3.0:
On your Task Bar, click:
View
Options
Advanced
View Files.

Netscape Communicator 4.0:
Netscape bundles all cookies into one file on your hard drive. You’ll need to find the file, which it calls Cookie.txt on Windows machines.

9. How to see your cookie code
Just click on a cookie to open it. You’ll see a short string of text and numbers. The numbers are your identification card, which can only be seen by the server that gave you the cookie.

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