Seiretto: S4Servers UK DEDICATED SERVERS TERMS of SERVICE

Last updated: 4th Feb 2008

These terms of service setout below are in addition to general terms of service and only apply to UK dedicated servers.

Definitions:

These terms and conditions shall apply to the agreement between Seiretto ('We', 'Us' and 'Our'), or any party acting on Seiretto's implicit instructions, and the individual or company applying for the provision of services by us ('the Customer', 'You', 'Your') includes the person purchasing the services or any party acting on the customer's instructions.

Dedicated servers are bound, in addition to the the terms setout below, by the terms of service as specified within the general terms of service.

Under this Agreement We provide Internet connectivity services (the Bandwidth), the equipment (the Server), the availability of space to store and operate such equipment (the Space) and the licensing of software (the Software), together comprising the dedicated server package under this Agreement (together, the Services).

The relationship entered into between You and Us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between You and Us.

1. Server Hardware
1.1. We will be the owner of the Server.
1.2. The Server shall be installed and operated in the Space by Us. You will have no right of physical access to the Server or the Space.
1.3. We shall have no liability for any loss or damage to any data stored on the Server.
1.4. You acknowledge that, We cannot guarantee that the Server will be free from defects. Nor can We guarantee that it will operate uninterrupted or without failure. We shall use our reasonable endeavours to make available to You at all times the Services but We shall not, in any event, be liable for interruptions of service or down-time of the Server and We shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
1.5. Should We become aware of a Server fault, We will at our option repair the Server or provide an equivalent Server as a replacement as soon as practicably possible.
1.6. Any replacement Server will be provided in the default configuration as the Server was originally supplied. We do not warrant that any data, content or settings present on the original Server will be transferred to the replacement.

2. Network Connectivity
2.1. Any access to other networks through the Services must comply with the rules appropriate for those other networks.
2.2. We may assign to the Server on a temporary basis a number of Internet Protocol Addresses ("IP Addresses") from the address space assigned to Us by the RIPE. You acknowledge that the IP Addresses are the sole property of Seiretto, and are assigned to You as part of the Services, and agree that You will have no right to IP Addresses upon termination of this Agreement. We reserve the right to change the IP Address assignments at any time.
2.3. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Services.

3. Software
3.1. We grant You a non-transferable, nonexclusive license to use the Software, in object code form only, for You internal needs, solely on the Hardware provided, and in conjunction with the Services.
3.2. You agree that You will not:
3.2.1. Copy the Software.
3.2.2. Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software.
3.2.3. Sell, lease, license, transfer or sublicense the Software or the documentation.
3.2.4. Write or develop any derivative or other software programs, based, in whole or in part, upon the Software.
3.3. This Agreement transfers to You neither title nor any intellectual property rights to the Software, documentation, or any copyrights, patents or trademarks, embodied or used in connection therewith, except for the limited license to use in Section 3.1.
3.4. Any third party software is supplied to the You on the basis of the relevant third party's license terms with which You agree to comply.
3.4.1. In the case of Microsoft software specifically, You agree to the general terms of use in Schedule A and warrant that Your use of the software will comply with the license provided as detailed in Schedule B.
3.5. We will use Our reasonable endeavours to check the Software for the most commonly known viruses prior to delivery to You. However, You are solely responsible for virus scanning the Software and We give no warranty that the Software will be free from viruses.
3.6. You acknowledge that software in general is not error-free, and agree that the existence of such errors will not constitute a breach of this Agreement.

4. Support and Management Services
4.1. We will install the Software detailed in the product specification onto the Hardware in our standard configuration free of additional charge.
4.2. We will endeavour to apply security patches or take mitigating action such as blocking certain network traffic to maintain the integrity of the Server when We are made aware of a security vulnerability in Software installed as standard which We deem a threat considering the intended use of the Services for web site hosting, however We do not warrant that the Software will be free from defects or vulnerabilities nor that the Server will be free from unauthorised users or hackers.
4.3. We are not obliged to install onto the Server any additional software for You or modify the configuration of existing software from its default. You acknowledge that should We agree to do so, a charge may be made to cover employee time.
4.4. We provide technical support relating to the Server and Software physically functioning. We do not offer technical support for application specific issues such as CGI programming, HTML or any other such issue.
4.5. We do not provide technical support for Your customers.
4.6. Our obligation to provide support and management services will not extend to:
4.6.1. Software or systems not installed as standard by Us.
4.6.2. Software or systems configured or modified by You other than through the provided web based control panel.
4.6.3. Correction of faults arising from Your failure to comply with instructions or recommendations provided by Us directly or through documentation and manuals.
4.6.4. Rectification of lost or corrupted data.
4.7. We 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 Server with software or equipment of similar specification) provided that such modification does not materially affect provision of the Services to the You. We will endeavour to give You reasonable notice of any such modification, where this is reasonably practicable.

5. Data Backup
5.1. Unless You purchase a data backup product as an additional cost option, We will make no backups of the data stored on the Server.
5.2. In the event that You purchase a data backup product We will endeavour to make backups of the data stored on the Server and make them available to You in accordance with the specification of the data backup product. However We do not warrant that any data will be backed up correctly, nor that any successful restoration of data will be possible.
5.3. Regardless of whether You purchase a data backup product, We shall have no liability for any loss or damage to any data stored on the Server or backup mediums.
5.4. We recommend that You make a backup of all data on the Server regardless of whether You have purchased a data backup product.


6. Service Level Agreement
6.1. The Service Level Agreement, hereinafter referred to as the SLA sets out our aims with regard to the level of service provided.
6.2. Our failure to provide meet an aim set out in the SLA will not constitute a breach of this contract.
6.3. For the purpose of the 'Network Uptime' aim, network down-time is defined as 100% packet loss occurring in the transmission of data from Your Server hosted in our data centre to the Internet backbone. Events which do not constitute network down-time include but are not limited to:
6.3.1. A problem in Your access provider's network or that of their upstream providers which prevents You from accessing the Seiretto network.
6.3.2. A problem with Your Server's hardware or software which renders it or an application or service on it inoperable.
6.3.3. The period during which network protocols such as STP, OSPF and BGP are re-converging after an equipment or link failure.
6.4. In the event that You wish to make a claim for a service credit in accordance with the SLA, You will notify Us including full details of and the time at which the incident occurred within 7 days of the incident to which the claim relates occurring.
6.5. We reserve the right to determine whether any service credit is due.
6.6. Should We determine that a service credit is due, it will be provided in the form of additional days of service up to a maximum of 30 days in any 30 day period. Only charges for the basic Server rental will be waived as a result of a service credit under the SLA. Charges for domain names, additional data transfer and optional extras added to You Server will not be waived. Service credits will not be provided in the form of cash or equivalent.

7. Resellers
7.1.1. Where You resell the whole or Part of the Services, You will continue to be bound by these terms and conditions, You will be responsible for ensuring that Your customers are bound by terms and conditions that adequately reflect and give effect to these.
7.1.2. You shall not incur or purport to incur on Our behalf any liability nor in any way pledge or purport to pledge Our credit or to make any contract binding on Us.
7.1.3. No default by Your customers shall in any way affect, modify or limit Your obligations under this Agreement.

8. Money back GUARANTEE
8.1.1. The 7 day money back guarantee does not include domain registration costs and credit card tranaction costs.


SCHEDULE A: Terms and Conditions Regarding Use of Microsoft Software

This document concerns your use of Microsoft software, which includes computer software provided to you by Seiretto as described below, and may include associated media, printed materials, and "online" or electronic documentation (individually and collectively "SOFTWARE PRODUCTS"). Seiretto does not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights and limitations of which Seiretto needs to inform you. Your right to use the SOFTWARE PRODUCTS is subject to your agreement with Seiretto, and to your understanding of, compliance with and consent to the following terms and conditions, which Seiretto does not have authority to vary, alter or amend.

"Client Software" means software that allows a Device to access or utilise the services or functionality provided by the Server Software. "Device" means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, "smart phone," or other electron device. "Server Software" means software that provides services or functionality on a computer acting as a server. "Redistribution Software" means the software described in Paragraph 4 ("Use of Redistribution Software") below.

A.1. Ownership of Software Products. The SOFTWARE PRODUCTS are licensed to Seiretto from an affiliate of the Microsoft Corporation ("Microsoft"). All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers. The SOFTWARE PRODUCTS are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the SOFTWARE PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS or any intellectual property rights to you.

A.2. Use of CLIENT SOFTWARE. You may use the Client Software installed on your Devices by Seiretto only in accordance with the instructions, and only in connection with the services, provided to you by Seiretto.

A.3. USE OF REDISTRIBUTION SOFTWARE. In connection with the services provided to you by Seiretto, you may have access to certain "sample," "re-distributable" and/or software development ("SDK") software code and tools (individually and collectively "Redistribution Software"). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS ("SPUR") APPLICABLE TO Seiretto, WHICH TERMS MUST BE PROVIDED TO YOU BY Seiretto. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by Seiretto.

A.5. Copies. You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may (a) make one (1) copy of Client Software on your Device as expressly authorised by Seiretto; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Seiretto, upon notice from Seiretto or upon transfer of your Device to another person or entity, whichever first occurs. You may not copy any printed materials accompanying the SOFTWARE PRODUCTS.

A.6. Limitations on Reverse Engineering, De-compilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.

A.7. No Rental. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS.

A.8. Termination. Without prejudice to any other rights, Seiretto may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.

A.9. No Warranties, LIABILITIES OR REMEDIES BY MICROSOFT. ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY Seiretto AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.

A.10. PRODUCT SUPPORT. Any product support for the SOFTWARE PRODUCTS is provided to you by Seiretto and is not provided by Microsoft or its affiliates or subsidiaries.

A.11. NOT FAULT TOLERANT. THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.

A.12. EXPORT RESTRICTIONS. The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.

A.13. LIABILITY FOR BREACH. In addition to any liability you may have to Seiretto, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.



SCHEDULE B: Microsoft Licenses Provided With Seiretto Products

This document details the type of Microsoft license together with key usage rights and restrictions of such license as is provided with Our range of dedicated server products. These rights and restrictions are not exhaustive and it is Your responsibility to ensure that Your use of the Services complies with the Microsoft license provided. Should You wish to use the Services in a manner which does not comply with the Microsoft license provided as standard You must make arrangements with Us to obtain the appropriate license type.

B.1. Windows Server 2003 Web Edition
Windows Server 2003 Web Edition Processor License. The Server Software may be used solely for deployment of Web pages, Web sites, Web applications, Web services, and POP3 mail serving. You may install web server software (for example, Microsoft Internet Information Services), non-enterprise database engine software licensed to support not more than twenty-five (25) concurrent Users (for example, Microsoft SQL Server Desktop Engine), or web availability management software (for example, Microsoft Application Centre). These applications may access data from any one or more of the following applications deployed on a separate Server: (i) database software (such as Microsoft SQL Server), and or (ii) business application software (for example, enterprise email, enterprise resource planning, and customer relationship management). Any other usage of the Server Software is not permitted.

B.2. Windows Server 2003 Standard Edition
Windows Server 2003 Anonymous Processor License. You may allow only the following Users to use or access the Server Software: (i) Users who access the Server Software solely through the Internet and are not authenticated or otherwise individually distinguished by the Server Software or a Multiplexing Service (for example, by browsing a public website anonymously). (ii) Users who access and use the Server Software solely as a platform for server applications (excluding applications that have direct or indirect interaction with Windows authentication services (when user or application credentials are exchanged between the Server Software and a User or Device), for example without limitation Microsoft Exchange Server and Microsoft SharePoint Portal Server). A "Multiplexing Service" is a software application or service accessing or using the Server Software at the request of or on behalf of a User. No other Users may use or access the Server Software with the limited exception that you may permit up to five (5) other Users to use or access the services of a Server running the Server Software.

B.3. SQL Server 2000 Standard Edition
SQL Server 2000 Standard Edition Processor License.
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S4Servers are the dedicated server division of Seiretto Ltd.