ARACHSYS INTERNET SERVICES LTD SHELL ACCOUNT TERMS AND CONDITIONS 1. These Terms and Conditions apply to customers using a shell account on one of our shared web/mail hosting servers. In what follows, "we" or "us" refers to Arachsys Internet Services Ltd and "you" refers to the individual(s) or organisation(s) purchasing and using the account. In addition, "your users" refers to any third parties to whom you grant access to services running within or associated with your shell account. 2. Our registered office and correspondence address is at Meadowbank, Crumpsbrook, Cleobury Mortimer, Worcs, DY14 0HP. You can also contact us by email on support@arachsys.com, or by telephone on +44 (0)845 0204375. 3. We reserve the right to alter these Terms and Conditions or our Acceptable Use Policy at any time upon giving prior notice on our website at http://www.arachsys.com/. Any renewal of services including your shell account will in any event be subject to our then current Terms and Conditions. 4. Your shell account is provided in return for payment on an annual basis with automatic renewal. We require payment in advance before the start of each consecutive year of service. We will send you an invoice for the renewal charge a month before your account expires. 5. Any domain names that you ask us to register for you are in addition to your shell account and will be charged for separately. You agree to abide by the Terms and Conditions of the relevant registry (e.g. Nominet or OpenSRS/ICANN), which are linked from our web site, when you instruct us to register a domain with them. 6. You may cancel your shell account at any time, provided that you give us at least seven working days notice. However, we will not refund any money that you have paid in advance for the year's service unless you are a consumer in the sense of The Consumer Protection (Distance Selling) Regulations 2000 and we are properly notified of your wish to cancel within the statutory seven working day cancellation period. For the purposes of these regulations, the supplier is Arachsys Internet Services Ltd, the address of the supplier is our registered address set out in clause (2) of this agreement, and any complaints should be sent in writing to this address. The prices on our website are updated periodically and cannot be guaranteed for any period of time. Every effort is made to ensure prices are correct at the point an order is placed. 7. We reserve the right to suspend or terminate your account at our sole discretion, and will refund the fraction of your payment corresponding to the remaining proportion of your contract period. 8. You are required to ensure that all use of your account on our systems, whether by you or by any of your users, follows the conditions laid out in this document and in the Acceptable Use Policy that we publish from time to time on our website at http://www.arachsys.com/. 9. If you or any of your users breach this agreement, we have the right at our sole discretion to suspend or terminate all or part of the service without refund or notice, or to make an additional charge for the misuse. 10. We will take all appropriate measures to maintain all of our services, and will provide them with reasonable skill and care. However, we cannot guarantee that they will be uninterrupted, secure or error-free. If for any reason we are unable to provide service for a period of time exceeding 30 minutes, we will refund you in full for that period. However, you will not be entitled to any extra compensation. 11. You may only use our machines in ways and for purposes for which we have given explicit permission. In particular, your shell account is provided solely for the purpose of administering and configuring your mail, web and related services and any other use is expressly forbidden. 11. You will not disclose your shell account login and password to third parties for any purpose. You will change any password which you believe may have been compromised, and notify us of this at support@arachsys.com. 12. You are responsible in all respects for the content hosted within your account and hereby undertake that your use of our system does not and will not violate any applicable law, and you will not permit any such misuse by others. 13. You will be responsible for maintaining copies of both your own and your customers' data and files. We do not provide backup or data recovery services of any kind as part of our shell account packages. 14. You must ensure that the contact details you have provided to us are kept up to date. We will send invoices and other correspondence to you at this address. We will not pass these details on to any other companies or individuals without your permission unless required to do so by applicable law or competent authority. 15. Nothing in these Terms and Conditions in any way excludes or restricts our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted, nor do these Terms and Conditions affect consumers' statutory rights. 16. Our liability in contract, tort (including negligence) or otherwise in connection with these Terms and Conditions will not exceed the relevant proportion of your subscription. 17. We will not be liable for any consequential losses you may suffer, including but not limited to economic losses, loss of goodwill or reputation, and loss of or damage to your data. 18. We are not responsible for any use you or your users make of our services, nor any charges you or your users incur with a third party. You indemnify us against the effects of any misuse or any claims resulting from that misuse. 19. These Conditions of Use and all other legal relationships between you and us will be governed by and construed in accordance with English Law, and are subject to the exclusive jurisdiction of the English courts. 20. If any part of this agreement is held to be invalid or unenforceable then this will not affect the enforceability of any other provision of this agreement.