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These Terms of Service applies to all products and services provided by Sebae Ltd.


Introduction

It is the responsibility of all customers of the Sebae Ltd network and services to ensure that they comply with the latest edition of the Terms of Service at any given time.

These Terms of Service may be revised, without notice, at any time, at the sole discretion of Sebae Ltd Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms of Service.

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


Account provisioning

Sebae Ltd will provision new accounts after full payment is received. To combat fraud the payments will be reviewed before the account is created. It is the customers responsibility to provide valid contact details when ordering new services, a welcome email will be sent to the email address when the order has been processed. The customer must ensure that junk filters exclude the domain Sebae Ltd.


Content

Customers must use the services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. The list of banned content includes, but is not limited to :-

  • Illegal Material – This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
  • Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
  • HYIP – We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.
  • Defamatory content – any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. Any customer found to be using the services for any of the purposes contained in a-d may have their account terminated without notice. The Customer agrees to fully and effectively indemnify Sebae Ltd against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by Sebae Ltd in consequence of the Customers breach or non-observance of this Clause 3. The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Sebae Ltd arising from breach or breaches of this Clause 3. Sebae Ltd may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide Sebae Ltd with the assistance necessary to defend such claims, at the Customer’s sole expense.

Resource use

We expect our Customers to use our services responsibility and to be familiar with good practice. When using resources from Sebae Ltd, the following conditions are to be adhered to:

  • Customers may not run unknown, and potentially threatening scripts. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP etc.
  • Attempt to modify any services that will provide increased capacity for the customer. This includes all types of media broadcasting, game servers, web hosting and any other service that is supplied by Sebae Ltd
  • Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
  • Customers must safeguard their account passwords to prevent unauthorised access to their account.
  • Bit Torrent software and P2P protocol software is not permitted on our network. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
  • Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, or probing the security of other networks.
  • Customers may not run programs that consume excessive CPU time or storage space. Sebae Ltd reserves the right to terminate CPU intensive process.
  • Run stand-alone, unattended server-side processes at any point in time on the shared hosting servers. This includes any and all daemons, such as IRCD.

Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. Sebae Ltd would be the sole arbiter as to what constitutes a violation of this Clause.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.

We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Sebae Ltd.


Adult Content

Adult content may not be used on our servers, or in conjunction with any other service supplied by Sebae Ltd.


Payments

You agree that until and unless you notify Sebae Ltd of your desire to cancel any or all services received, those services will be billed on a recurring basis and should be paid within the 15 days of notification. If you wish to cancel a service please contact billing@sebae.net. Refunds will not be granted unless agreed by Sebae Ltd under exceptional circumstances.

Sebae Ltd may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and all collection fees, including legal expenses.

Under no circumstances will payments be allowed to be claimed back through a 3rd party such as PayPal without contacting Sebae Ltd first, this will count as a late payment and interest will be applied as well as any legal and collection fees that Sebae Ltd may incur. A late fee of £10 will be applied to all accounts and will accrue daily.

We reserve the right to change the monthly payment amount and any other charges at anytime.

Invoices are generated 15 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 2 days after the official due date. If no attempt is made within the next 2 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 19 days from the official due date will pass before we permanently terminate your account.


Backups and data

Sebae Ltd will use reasonable efforts to protect and backup data for clients on a regular basis, however, Sebae Ltd does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.

Sebae Ltd may suspend service or terminate this agreement upon the failure of the subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and all collection fees, including legal expenses.


Cancelation and refunds

All payments to Sebae Ltd are non-refundable and include any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time that the dispute occurred. If you dispute a charge to your credit card issuer that, in Sebae Ltd sole discretion, is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay Sebae Ltd an additional “Investigation Fee” of £80.

Any Cancellations must be reported to Sebae Ltd 7 days before the next recurring charge is due, and 30 days for annual payments including domains. Failure to do so does not entitle you to a refund for the next recurring charge taken. All payments due must be paid in full.


Bandwidth usage

Where stated, you are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.


Termination

We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.

We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.


Indemnification

Customer agrees that it shall defend, indemnify, save and hold Sebae Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Sebae Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Sebae Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Sebae Ltd; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to the customer from Sebae Ltd.


Disclaimer

Sebae Ltd will not be responsible for any damages your business may suffer. Sebae Ltd makes no warranties of any kind, expressed or implied for services we provide. Sebae Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Sebae Ltd and its employees.

Sebae Ltd reserves the right to revise its policies at any time.