› Authorised Use and Illegal and Objectionable Activity
› Ownership of the Site Content and Programming Code
› Server Reliability and Continuity of Services
› Domain Names
› Transfers of Sites and Domain Names
› Leaving the network
› Trademarks, Links
› Limitation of Liability / Data Accuracy
This agreement refers to products and services provided via the Internet by Netcells Ltd, private limited company based in London, UK, registered in England and Wales No. 5121546, VAT No. GB 645597887, further referred to as 'We' or the 'Company'.
Our services are provided via our own computers, further referred to as 'Servers' and a web site at ›http://netcells.net, further referred to as the 'Site' where our clients (Users) have their own web sites, public pages called 'Cells' and/or their own password-protected User Zone (NUZ) to keep and manage their on-line data.
'Users' are the people authorised to log on to the Server and alter their data, all other people using our Site are called 'Visitors'.
User web sites on the Company Server(s) are called 'User Sites'.
Users enjoy functionality relating to their Cell and/or their User Site(s) via the Netcells User Zone (NUZ) on ›http://netcells.net/nuz, which is provided free of charge.
Information about using the Netcells system is available in the User Zone and on ›netcells.net/faq.
Users' problems and suggestions should be communicated via Comms section of the User Zone, alternatively the ›Admin Help page may be used.
Netcells exists to support creativity, independent thinking and progressive business activity via technology. We pursue that mission by sharing information, on-line functionality and constructing new business tools specific to individual Users.
We reserve the right to withhold services where User content is seen as unsuitable or incompatible with our existing network. This is not a value judgement but simply our way of running a coherent and interesting network.
All communications with the User Zone are encrypted. NO sensitive information is knowingly stored on our servers, credit card transactions take place in secure environment provided by a specialised ›third party provider.
The security of the User Zone and the User Site(s) depends on the login details being kept confidential and difficult to guess - do NOT use names or dictionary words for passwords - use combination of letters and numbers - change passwords occasionally.
All email must be regarded as NOT secure. Minimize its use for transmitting sensitive information, never put, Username, Password and Site Address in the same email. When replying remove any confidential information. Users are responsible for the content of their email and for keeping their passwords secure - Users who act irresponsibly may find our services withdrawn, without refund.
All User data places on the server is treated with strictest confidence and NEVER released to third parties (unless requested by legal procedure). We use all means at our disposal to keep the User data secure, our security standards are much higher than those on shared hosting servers "social" networks etc.
With some domain names (.com, .net, .org for example) the name and address of the Owner become part of public records freely available on the Internet, if this is not to your liking, let us know when buying the name, this information can be withheld by applying customised Privacy settings to the Name.
We do NOT practice uninvited mailing other than for our own Users information.
Note that our data are kept on a server located in USA where the legal rules might be different from your locality.
Unauthorised Use, Illegal and Objectionable Activity [^top]
Users agree not to place on our servers material illegal under the international law or the law of the User's locality and to keep their Server access details secure and the password confidential.
Users undertake not to attempt to gain unauthorised access to our Server or to compromise its integrity in any other way.
Our mail servers are intended for personal and reasonable business use, bulk mailing (known as spam) will not be tolerated.
We will refuse hosting for sites we see as harmful, anti-social or inflammatory and suspend or remove Users publishing content of such nature on their Cell or User Site.
Visitors to the Site agree to comply with the existing national and international copyright laws.
The responsibility for the published content rests solely with the Users who have published it, the views expressed do not necessarily coincide with this Company's policy.
Ownership of the site content and programming code [^top]
All User data placed on the Site, including communications received via the SecureMessage system, are owed by the respective Users, unless placed by them in the public domain. Users are solely responsible for the content they place on their pages and undertake not to breach other people's rights (such as copyright) in doing so.
The ensemble of the site design, including but not limited to, site layout, functionality, graphics, and the source programming code is owned by ›Netcells Ltd. The custom programming code written for a particular User is owned by us until paid for. Note that in event of moving User Site away from our Server such code may not function correctly until modified. Modifications may be implemented by any competent programmer, if our assistance is needed this will be charged at a current rate, we will use our best efforts to provide such assistance but shall be under no obligation to do so.
The external User sites, Users' images and other content placed on Netcells.net public site may be used by us to as examples and reference for our our Products and Services and to promote the Netcells network. Credit will be given to the owner/author of the content, if you are unhappy about such use get in touch so your content may be excluded.
Server Reliability and Continuity of Service [^top]
We run a fast, secure server, with very high reliability (well over 99% of time).
Server data is "mirrored" to ensure continuous service even in event of hardware failure. However, please note that unless you have a Site Management agreement with us, You, the User, are responsible for keeping an up-to-date copy of your site.
No refunds can be given for interruption of service due to circumstances beyond our control, such as a technical problem at the data centre or an hacker attack on the server, short down-time is also occasionally needed for software or hardware updates.
Moving sites may take 24-72 hours to fully implement across the world, during which time your email could be held up.
The continuity of our services is maintained as long as the User account is in order.
When a User payments are in arrears and/or we see a User conduct as deceitful or abusive and a User does not respond to our communications, first of all, we will restrict or block the User's access to the Server, then, we will suspend the User's web site (if any), finally, having given a reasonable notice we will close the User account and destroy all User's data on our Server (with exception of the User's Invoices and other financial information in our records). No refunds will be given for the down-time or loss resulting from such actions on our part.
When our services are provided free of charge those are without obligation on our part and can be withdrawn at our discretion at any time.
Any technical problems with the server and major software updates are posted on the ›System Info page.
Our Hosting Fee is fully refundable during one month following the set-up date or the renewal date. No hosting refunds are given after that period.
The Name Registration fees and Startcell Site Launch fees are paid one or two years in advance and are non-refundable.
When a Domain Name is set up as an active site on our server it gets renewed automatically, otherwise, three automated notifications are sent by email to the Owner Contact we have on record when the renewal date approaches. It is the User's responsibility to ensure that his/her contact details are up to date in the ›User Zone.
If we have no reply from the Owner Contact your Domain Name will be de-registered, in other words, lost, unless it is set to Auto-Renew, in which case the User is responsible for the renewal fees until the Auto-Renew is cancelled.
Name setting, such as renewal type, owner and billing contact detail, web diversions are updateable in the User Zone.
Domain Names [^top]
By registering a Domain Name with us, you undertake that the Owner information provided is true and accurate, the Domain Name is not infringing any trademarks or other intellectual property rights and is not cybersquatting as defined in ›Anticybersquatting Consumer Protection Act.
The contact details of the Domain Name's Owner are publicly obtainable by querying any on-line WHOIS service, let us know if you want to prevent this.
When a Domain Name is not renewed by its registrant we reserve the right to re-register or renew that Domain in the Company name in order to prevent it being taken up by someone else. We are subsequently free to dispose of such Domains as we see fit, while giving priority to the previous registrant.
Transfers of Sites and Domain Names [^top]
When a User Site is connected to the functionality of Netcells User Zone, in event of that site being transferred to another third party server, all or part of the site functionality will be lost - pages may continue to function in static (HTML) form but content will be no longer manageable via User Zone (NUZ). The programming code and functionality written specifically for a User may not function outside NUZ without modifications.
When the User Site is self-contained (ie. not using Netcells User Zone) all programming code, design, database, email, traffic data and other User content can be transferred to a third party server without loss, as long as the third party server is running management software same as or compatible with our industry standard server management software.
The User account has to be closed and the outstanding bills paid prior to transferring a User Site or a Domain Name away from our Server.
Any Domain Name managed by us may be pointed to any other third party server (Internet address) free of charge.
Transfers of Domain Names to and from the Netcells reseller account are normally free of charge unless additional time is required to deal manually with the transfer issues. We reserve the right to charge a reasonable administrative fee in such cases, this will be discussed with the Domain Name's Owner prior to any action taken.
Leaving the network [^top]
Any request to withdraw content and leave the network is implemented within several hours. User content will no longer be accessible on our network and will be deleted from our server in the 7 days that follow. However, it is not technically practicable to delete User content from the old server backup archives.
Users' data can be extracted from our database at their request - a fee will be charged for this, depending on the volume but not exceeding 100 British Pound Sterling (GBP) before tax. The extracted data is in a standard database format - not easily usable until imported into some other data processing program.
Trademarks, Links [^top]
All trademarks are acknowledged.
Links to sites mentioned by our Users or listed on our Site, are provided in good faith but not necessarily recommended by us. We accept no responsibility for the content, privacy, security policy or products and services offered by those sites.
Limitation of Liability / Data Accuracy [^top]
All services, information and programming on the Site or written for an External Site are provided 'as is' WITHOUT WARRANTY of suitability for any particular purpose, expressed or implied.
The User information on the Netcells Site is supplied by the individuals concerned, we cannot guarantee its accuracy - let us know of any errors, so that data can be corrected or deleted. It is the Users' responsibility to check SecureMessages sent to their Cell, the email notification of arrival of a SecureMessage depends on their contact data being valid.
We shall not be liable for any loss, injury or damage, direct, indirect, special incidental or consequential, resulting from the use of our services including, without limitation, delay, malfunction or interruption of service, error or omission, availability or accuracy of the information, unauthorized access, computer virus, theft, alteration or destruction of data, whether by negligence or under any other cause of action.
You, the User or Visitor, specifically acknowledge that We, the Provider, are not liable for the defamatory, offensive or illegal conduct by yourself, other Users or Third Parties.
You, the User or Visitor, hereby acknowledge that you are using our services at your own risk having understood the points above and having taken all the precautions you think necessary.
You agree to indemnify Netcells Ltd. for any losses or costs resulting from your breach of this Agreement or your unauthorised use of our servers or this site content.
These Terms and Conditions are governed by the English law, the sole authority for all matters arising, including, but not limited to, any issues regarding the existence or validity of these Terms and Conditions, are the courts of England.
In keeping with the technology changes and ongoing improvements to our network, the above Terms are updated from time to time. You are advised to check this page periodically, your continued use of the Site after changes to this Terms and Conditions, this is taken as your acceptance of those changes.
Please address any issues or questions to ›Netcells Admin.