terms and conditions for using our services

note: if you breach these terms and conditions, your web page(s) may be removed from our server without notice.

Introduction
For the purposes of this agreement, 'bfinternet' refers to 'big fish internet ltd', a registered UK company, Company No. 3558791.

This Agreement constitutes the entire agreement between the Customer as an authorised user and bfinternet ltd and by using bfinternet's services, the Customer accepts, and agrees to be bound by, this Agreement.

Agreement to Terms and Conditions
This Agreement takes effect on the date on which the Customer first uses or tests services provided by bfinternet or when the Customer pays for their services, whichever is the earliest.

From time to time, it will be necessary to update the terms and conditions and the Customer agrees to be bound by the new terms and conditions by their use of the system after the implementation date for them.

We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of our computer system(s). Should the Customer find any new terms and conditions unacceptable, then the Customer will be granted a refund of any unexpired part of their subscription and the Customer agrees that, save for this refund, the Customer will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of their subscription.

The Customer is responsible for reviewing information regularly posted online in the terms and conditions pages.

Information Provided by the Customer
The Customer warrants that the name, address and payment information that the Customer provides when the Customer first uses any bfinternet service is correct, and the Customer agrees to notify bfinternet of any changes in name, address and/or payment details.

The Customer agrees that bfinternet may disclose the Customer's name and address where there is any complaint about the content of the Customer's pages or in relation to goods or services advertised there.

The Customer warrants that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use bfinternet's services in accordance with this Agreement.

The Customer agrees to be responsible for the use of bfinternet and to comply with their responsibilities and obligations as stated in this Agreement.

Usage
bfinternet will not monitor the contents of the Customer's pages. Files that the Customer uploads to their web pages are subject to withdrawal without notice by bfinternet upon complaint about their content where bfinternet at their sole discretion deem this necessary.

The Customer warrants the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which they place on their web pages.

The Customer warrants that they are authorised to promote any information which they do so on their web pages (for example if the Customer is providing financial information, that they hold any necessary authorisation under the Financial Services Acts etc).

The Customer agrees to keep secure their bfinternet identification, password and other confidential information relating to their account, if they have been supplied with such information.

bfinternet cannot guarantee that the system will never be infiltrated by unauthorised users. The Customer's data may not be secure against such infiltration and the Customer assumes that risk. If the Customer finds evidence of infiltration, please inform bfinternet and steps will be taken both to try and prevent it and to notify the proper authorities.

The Customer is personally responsible for the use of their account and the secrecy of their password. If the Customer is a corporate user then the company is also responsible, together with the individual using the account. In addition, the Customer is deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using the correct account ID and password. The Customer must also inform bfinternet immediately if someone steals their password or if they find someone else is using their ID. The Customer agrees to co-operate with bfinternet and the police concerning any legal action taken arising from the misuse of the Customer's account by anyone else.

The Customer is entirely responsible for the content of their web pages. The Customer may not, under any circumstances, use bfinternet to do any of the following:

• publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;
• threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• engage in illegal or unlawful activities;
• make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the Customer owns or controls the rights thereto or have received all necessary consents;
• make available / upload files that contain a computer virus or corrupted data;
• falsify the source or origin of software or other material contained in a file that the Customer makes available on their web pages;
• act, or fail to act, in the Customer's use of the web pages, in a manner that is contrary to applicable law or regulation. The Customer is entirely responsible for any civil or criminal liability which is incurred as a result of their use of the web pages.

If the Customer posts a defamatory/libelous message, it is the Customer that publishes it and the Customer who will be liable for the consequences of it. The Customer will also be liable for bfinternet's reasonable legal costs incurred in defending any defamation or libel action caused by the Customer's page content and the Customer agrees to indemnify bfinternet for any damages which are awarded against bfinternet by a court of law or which bfinternet pays as a result of settling such an action upon Counsel's advice.

The bfinternet network may only be used for lawful purposes by the Customer. The Customer acknowledges that bfinternet is unable to exercise control over the content of the information passing over the bfinternet connection, and bfinternet shall not be liable for any posting, transmission or reception of information which infringes any UK law or regulation or which infringes any third party rights. Such posting, transmission or reception is strictly prohibited. bfinternet cannot guarantee the availability of the service and reserves the right to suspend or terminate the service at any time.

All bfinternet accounts have an allowed monthly volume for bandwidth usage. bfinternet reserves the right to impose a charge for excessive usage of server resources (including, but not limited to, bandwidth usage greater than the account's specified volume). bfinternet would ask customers who intend to use high volumes of bandwidth and other resources to contact bfinternet to discuss their requirements.

Termination
bfinternet may terminate the Customer's subscription at any time, with or without cause, upon reasonable notice.

Where bfinternet terminates the Customer's subscription with cause, or the Customer terminates their subscription, the Customer will not be entitled to any refund of any unused part of their subscription.

For the transfer of a domain name hosted with bfinternet to another internet service provider an administartion charge of £25 will be levied, which must be paid before before the transfer is completed.

bfinternet expressly reserves the right to terminate or suspend the Customer's subscription without prior notice should the Customer fail to comply with these Terms and Conditions or fail to pay an invoice in full as in the stated payment terms as displayed on the invoice or should bfinternet deem such action necessary to protect bfinternet and in such circumstances bfinternet will confirm such termination or suspension by subsequent notice.

Save for any refund of unused parts of the subscription as above, the Customer will not be entitled to any compensation whatsoever in the circumstances of termination and bfinternet will not be liable for any consequential loss whatsoever in relation to termination of the Customer's account in any circumstances. After termination of the Customer's account, bfinternet may, if they deem it applicable, at their sole discretion, post a redirection to any new URL should the Customer desire this.

Use of Material for Advertising
bfinternet will not distribute web pages outside bfinternet without the subscribers consent but may include information about them in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and the Customer agrees that files which they have uploaded to bfinternet may be used in such manner and for such purposes.

Charges
The Customer agrees to pay all charges for their use of bfinternet hosting services at the prices in effect at the beginning of their subscription period or the anniversary thereof. In some cases, an administration and/or excessive bandwidth/resource charge may apply.

All web pages, scripts, databases, graphics or other digital products created by bfinternet remains the property of bfinternet until payment for such products is received in full. In certain circumstances bfinternet will allow the customer to have an agreement to use a script owned by bfinternet whilst the customer remains hosted on bfinternet servers.

Payment terms are strictly 30 days except payments for domain name registrations which must be paid for in advance of bfinternet making the registration. bfinternet reserve the right to remove digital content from the Customer's web space or suspend or cease any of the services which coincide with the domain or hosting of the domain (these include email forwarding, web server statistics and FTP access) if payment is not received during this time.

For the transfer of a domain name hosted with bfinternet to another internet service provider an administration charge of £25 will be levied, which must be paid before before the transfer is completed.

bfinternet reserves the right to change prices or institute new charges for use of bfinternet at any time.

Any prices agreed through a formal quotation are valid for 30 days from the date of that quotation.

Refunds
Refunds will be given solely at the discretion of the Company Management.

Advertising on a bfinternet hosted web site

If the Customer advertises or offers to sell goods or services via their web pages, they undertake to provide goods in conformity with any description and warranties made. The Customer agrees to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc.. If the Customer is advertising goods in the course of a trade or business this must clearly be so stated.

Exclusion of Warranties and Limitation of Liability
bfinternet and all bfinternet services are provided "as is," and bfinternet make no express or implied representations or warranties to the Customer regarding the usability, condition or operation thereof.

bfinternet will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however bfinternet make no representations or warranties regarding the services provided by them and do not warrant that use of bfinternet will be uninterrupted or error-free, or that bfinternet services will meet any particular criteria of performance or quality.

bfinternet will at all times use best endeavours to attempt to maintain and safeguard the Customer's data on its system however bfinternet accept no responsibility for any loss or damage to data or the loss thereof.

bfinternet expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

The Customer's use of bfinternet services is at their own risk. The Customer accepts full responsibility for such use and the risk of any loss resulting from their use of the system and the content of their pages. The Customer also accepts full responsibility for safeguarding their own data.

Notwithstanding contrary clauses in this Agreement, in the event that bfinternet are deemed liable to the Customer for breach of this Agreement, the Customer agrees that bfinternet's liability is limited to the amount actually paid by the Customer for their subscription. The Customer hereby releases bfinternet from any and all obligations, liabilities and claims in excess of this limitation.

Responsibility
We are not responsible for anything posted on the system (except by one of our staff) and the Customer agrees by using the system that bfinternet will not be liable for any possible damages or losses incurred in connection with the use of the system, even if bfinternet have been advised of this possibility and the Customer hereby waives any claims with respect thereto and the Customer agrees to indemnify bfinternet and hold bfinternet harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of the Customer's actions on the system or materials or information transmitted by the Customer in connection with the system. This means the Customer may have to pay bfinternet where claims are made against us or our system by other callers or third parties.

The Customer agrees to indemnify bfinternet from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of the Customer's web pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.

bfinternet will notify the Customer promptly of any claim for which bfinternet seeks indemnification at the currently supplied address. bfinternet will afford the Customer the opportunity to participate in the defence of such claim, provided that the Customer's participation will not be conducted in a manner prejudicial to bfinternet's interests, as reasonably determined by bfinternet and/or their lawyers.

Notices to bfinternet may be sent by the Customer to bfinternet's electronic-mail address, office@bfinternet.co.uk, or conventional mail and must be confirmed via conventional mail.

General Terms and Law
bfinternet reserves the right to do normal system housekeeping such as creating back-ups AND do not accept responsibility for ensuring back up works - the Customer's data security is their own responsibility.

bfinternet cannot guarantee that any Search Engine will index or list any web pages or web sites that are submitted to them by bfinternet.

bfinternet cannot guarantee that the customer will receive any email, online orders, bookings, visitors, and so forth to their web pages or web site.

If bfinternet suspect illegal activity, we may notify the authorities and reserve the right to do anything on the system deemed necessary to protect our system.

The Customer acknowledge that no joint venture, partnership, employment, or agency relationship exists between the Customer and bfinternet as a result of their use of bfinternet. The Customer agrees not to hold themselves out as a representative, agent or employee of bfinternet. The Customer agrees that bfinternet will not be liable by reason of any representation, act or omission to act by the Customer.

bfinternet's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of bfinternet's right to comply with law enforcement requests or requirements relating to a Customer's use of bfinternet or information provided to or gathered by bfinternet with respect to such use.

Severability
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).

Entire Agreement
This Agreement constitutes the entire agreement between bfinternet and the Customer with respect to the Customer's use of bfinternet and the bfinternet subscription, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between bfinternet and the Customer with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.