LuxmiNET Hosting Services
( Terms and Conditions )

IMPORTANT:
Your hosting / service application will be accepted on condition that you agree to be bound by the Terms and Conditions specified below.

Terms and Conditions to hire the LuxmiNET's Hosting Services

This agreement is between LuxmiNET, BGP Tecno Limited, and the authorised entity/person, who completes the on-line application form and/or request LuxmiNET Services.

The Authorised Person will hereafter be referred to as 'User'. And the service provider is referred as either LuxmiNET or BGP or BGP Tecno Limited.
Whereas LuxmiNET is the Internet Server and the trade name of the Internet businesses and services provided by BGP Tecno Limited, UK.

(1) Subject to the provisions hereof, the billing account will be opened upon reception of payment. The payment shall be repeated in each successive billable period thereafter at the applicable prevailing rates and charges, unless written notice of cancellation is received from the User at least thirty (30) days prior to the beginning of the next billable period.

(2) Charges for "billable period rate" services are payable prior to the beginning of each period.

(3) The billing period starts on the day the Service become available to use by the User.

(4) LuxmiNET specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall LuxmiNET (BGP Tecno Limited) be liable for any loss, or loss of data, or any other damages. User is responsible for the backup copies of their web designs, server configurations and other files the user uploaded to the server.

(5) User agrees to protect and indemnify BGP Tecno Limited against any and all liability, loss, or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights and privacy and infringement of copyrights and property resulting from User's use of LuxmiNET services.

(6) Inappropriate use of service
LuxmiNET reserves the right to cancel any account, at any time, without notice, if LuxmiNET considers inappropriate use by the User. The following are not allowed at LuxmiNET servers:

• sites containing adult material,

• sites encouraging or suggesting illegal activity, racism or hate

• sites that violate copyrights, trademarks or other intellectual property laws

• sites that use or suggest the use of unsolicited email ("spam")

• sites that publish content which is obscene, sexually explicit, abusive, or threatening

(7) User agrees not to use disk space provided by LuxmiNET for uploading files not directly related to his/her web site. At LuxmiNET's discretion, any such activities deemed inappropriate by LuxmiNET might result in termination of access to LuxmiNET Servers. User also agrees not to use any server side program that requires unusual amount of server resources. If and when User's website server-processing usage exceeds what is considered usual, LuxmiNET shall offer new pricing deemed appropriate for such usage.

(7b) LuxmiNET shall be the sole arbiter of what constitutes unusual amount of server resources.

(8) User is solely responsible for usage of LuxmiNET and any statement User makes on LuxmiNET's system may be deemed a "publication" of the information entered. Acknowledging the foregoing, User specifically agrees not to use LuxmiNET's service in any manner that is illegal.

(9) Reseller Responsibility
This agreement assumes that the User take full responsibility when reselling part or full services obtained. It is Users responsibility that the end-user or User's clients abide by the usage policy and does not violate the resources provided.

(10) First Payment
The First payment is due immediately upon subscribing to the service.

(11) Cancellation of Agreement
(11a) Either party can cancel this agreement by giving thirty (30) days advance written notification. Should the agreement be cancelled any free services offered by LuxmiNET to promote the paid services will cease to operate.

(12) Changes in Terms of Agreement
BGP Tecno Limited reserves the right to make changes in this agreement upon thirty (30) days written notice to the User, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any contract period for which the User has prepaid. Utilisation of the service by the User following effective date of such change shall constitute acceptance by the User of such change(s).

(13) Entire Agreement
This agreement constitutes the entire agreement between the User and BGP Tecno Limited; and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This agreement supersedes any previous agreement between the parties.

(14) Clause Headings
Clause headings are for ease of reference and are not part of the Registration Agreement and accordingly shall not affect its interpretation.

(15) Jurisdiction and Applicable Law
The Registration Agreement shall be governed by English Law in every particular including information and interpretation and shall be deemed to have been made in England. Any legal action concerning the Registration Agreement shall be brought in England.

This terms and conditions last revised on 01 October 2000.