Last updated: 20/09/2017
Random images for THiNX IT Solutions

terms & conditions for THiNX web hosting services

We have adopted a philosophy that assumes the honesty and good intent of our subscribers, therefore our services are provided in as unrestricted a manner as possible to allow our users to have the richest Internet experience possible.

This Acceptable Use Policy (AUP) must be read in conjunction with our Terms and Conditions and may be subject to change from time to time.

It is the subscribers' responsibility to ensure that they comply with the latest edition of the AUP at any given time. The latest version of this document can be found at http://www.thinxinternet.com/terms

If you have any questions about any of our policies, please contact the Customer Service Manager at comment@thinxinternet.com
This Acceptable Use Policy may be revised, without notice, at any time, at the sole discretion of THiNX IT Solutions. Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and Acceptable Use Policies.

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

ACCEPTABLE USE POLICY

Accounts

1. Login names and passwords must be kept secret and not be communicated to any third party. THiNX must be notified immediately if they are compromised. If someone were to gain access to your account password, they could tamper with your files and your email. If you change your password, please keep a note of it as THiNX staff cannot gain access to changed passwords.
2. Users may not download or store illegal copies of commercial software. If commercial software is stored on our hard disk, we will delete the files and immediately terminate your service without recompense.
3. Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic.

Email

1. Users may not "spam" or flood the usenet with a single post to a large number of newsgroups which are not related to the topic of your article.
2. Users may not abuse, or make physical threats against, another person via e-mail, news or any other electronic media/service we provide.
3. Users may not forge e-mail or news postings (to include cancel messages, whether manual or automated).
4. Users may not "spam" people via email. This is defined as unsolicited (unwanted, unrequested) email.
Web Space
1. You will be responsible for the content of your homepages site, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. Should any web pages not conform to this then they will be removed.
2. THiNX reserve the right, without notice or explanation, to remove material which does not comply with company policy, such as material of an adult nature or pirated software.
3. THiNX reserve the right to suspend any or all of the Homepages service at any time, without prior notice, explanation, or recompense.
4. Subscribers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via your Homepages site. THiNX reserve the right to suspend any sites containing such material.
5. The Customer should maintain an index page called "index.htm" or "index.html" in the root directory of the Homepages space.
6. Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as webpage designers, working on your behalf. THiNX must be notified immediately if they are compromised. If someone were to gain access to your account password, they could tamper with files held on your site.
7. No user defined CGIs are permitted.
8. Technical Support will only be provided for uploading, downloading and viewing pages. No support will be provided for HTML authoring or page design, although we may have support pages providing help with these topics.
9. No logs or visitor details will be supplied.
10. The customer has sole responsibility for ensuring that any data is suitably backed-up. THiNX IT Solutions will not keep backups of your pages.
11. THiNX IT Solutions will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.
12. If the account is suspended for any reason, such as non-payment, access to the customers' Homepage, both for viewing and uploading, may also be suspended.
13. On closing an account, the relevant data on this web space will be deleted.
14. By uploading to the homepages host, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the web space service.

Non-Specific

Users may not mount an attack, by whatever means, against our system, or any other systems. Users may not run unauthorised mailing lists from, or through any of our machines, or mail servers.

Technical Support

Technical Support exists for the benefit of THiNX customers, providing support for questions relating directly to our services. Technical support is here to provide the best service possible to our customers, but can, at times, be stretched by having to answer unnecessary calls. Please ensure that you have all relevant details to hand, including details of any specific Error Messages encountered. Please help us to help you.

TERMS AND CONDITIONS

THiNX IT Solutions have adopted a philosophy that assumes the honesty and good intent of subscribers. Services are provided in as unrestricted a manner as possible, to allow subscribers to have the richest Internet experience possible.

These Terms and Conditions must be read in conjunction with our Acceptable Use Policy (AUP), which may be subject to change from time to time. It is the subscribers' responsibility to ensure that they comply with the latest edition of the AUP in force at any given time.

1. Service Charges and Payment

1.1 Customer agrees to pay THiNX IT Solutions ("TX") charges, as specified within the service description within the Customers Order. TX reserves the right to modify its charges for the Service upon 30 days written notice, or the cancellation period of the relevant Service Agreement, whichever is the greater.
1.2 Service charges will be invoiced annually in advance. If on account terms, payment must be received by TX within 15 days after the date of the invoice. TX may charge daily interest on outstanding amounts until payment in full is received at a rate equal to 4 per cent per annum above the Barclays Bank plc Base Lending Rate as current from time to time.
1.3 All sums due to TX under any Order are exclusive of IVA ("VAT"), and any other use or sales taxes, duties, or levies imposed by any authority, government, or government agency which may apply or be introduced from time to time which shall be charged thereon in accordance with the relevant regulations in force at the time of providing the Service and shall be paid by the Customer.

2. Duties and Responsibilities

2.1 Customer agrees to pay in accordance with TX's then current rates for maintenance and other service activities relating to the Service, if any, in accordance with TX's then current rates and to pay for loss or damage to equipment used in providing the Service due to Customer's actions.
2.2 Service will be furnished to Customer subject to the condition that they will not, nor will it permit others to use the Service for unlawful purposes or any purpose for which the Service was not designed including unauthorised use, obtaining or attempting to obtain service by rearranging, tampering with or making connection with any facilities of TX or by any deception, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatsoever.
2.3 Customer will indemnify and save TX harmless from and against all loss, liability, damage and expense, including reasonable counsel fees, caused by the negligent acts or omissions of the Customer or user which result in claims for damage to property and/or injury or death to persons, claims for libel, slander, invasion of privacy or infringement of copyright, or any actions bought pursuant to the provisions of the Data Protection Act, including any amendment, replacement, or re-enactment thereof for the time being in force, and invasion and/or alteration of private records or data arising from any information, data or message transmitted by Customer or its users, and claims for infringement of patents arising from the use of apparatus and systems of the Customer in connection with the Service furnished by TX.
2.4 Customer will be responsible for the content of any transmission over the Service and the connection of any non TX equipment to the Service.
2.5 Customer shall use its best endeavours to protect and keep confidential all TX software used by it and shall make no attempt to examine, copy, alter, "reverse engineer", tamper with, or otherwise misuse such software.
2.6 Customer shall comply at all times with all relevant statutory and licensing obligations in connection with accessing the Service.
2.7 Customer's right to use the Service are personal to Customer and its authorised users, non-exclusive and non-transferable.
2.8 Customer agrees to provide if required at their premises a suitable environment for any equipment necessary to provide the service. Customer agrees to permit reasonable access to TX employees, agents or contractors onto its premises whenever necessary for purposes of installation or repair of TX supplied equipment necessary to promote the service.
2.9 TX shall be responsible for i) installation of all TX supplied equipment necessary to provide Service, ii)all cabling for the connection of TX supplied equipment. Title to any leased TX equipment installed at the Customer's site, hereunder shall at all times remain with TX.
2.10 TX will maintain the Service and provide Customer and its authorised users of the Service such training, instructional material and other support service as deemed appropriate at TXs then current prices for such support services.

3. Warranties

3.1 TX warrants the Service provided will conform to TXs current service specifications. The Customer's sole remedy in the event of non-performance is resumption of the Service. TXs sole liability for any damages due to any defect or non-performance of the Service is limited to those actually proven as directly attributable to TX, limited to the monthly charges paid for the Service from the date said damages were incurred, but in no event more than three months of charges, subject to a ceiling of 200 euros in the aggregate under this Agreement.
3.2 TX will not be responsible for any delay in or failure of the Service due to any occurrence beyond TXs control.
3.3 TX WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, TX MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE FITNESS OR PURPOSE OF THE SERVICE OR MERCHANTABILITY.

4. Term and Termination

4.1 Either Party can terminate this Agreement in writing within the contract period once the minimum contract period has been completed. The minimum contract period is dictated by the billing period unless stated otherwise in the relevant Service Agreement.
4.2 TX shall not be required to give notice of beginning of its performance hereunder. TX reserves the right to disconnect the Service if the Customer does not fulfill its obligations under this Agreement.
4.3 In the event of default which include failure by Customer to pay any amounts; or failure by either Party to cure any breach of a term or condition in this Agreement within 10 days after written notice; or if an interim order is made, or a voluntary arrangement approved, or if a petition for a bankruptcy order is presented, or a bankruptcy order is made by either Party, or a voluntary arrangement is approved or an administration order is made, or a receiver or administrative receiver is appointed of any of either Party's assets or undertaking or a resolution or petition to wind up either Party is passed or presented (otherwise than for the purposes of reconstruction or amalgamation); or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order, the other party shall be entitled to terminate this Agreement without further liability, except that the Customer agrees to pay for all sums due up to the time of such termination.

5. General

5.1 All notices from either party to the other shall be sent by first class prepaid post.
5.2 This Agreement may not be assigned, delegated, transferred or otherwise dealt with, without the prior written consent of TX. Customer authorises TX to assign or transfer this Agreement, including any and all billing and service provisioning activities, to any third party for Service to be provided outside the UK as necessary to enable TX to provide the service.
5.3 No action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has arisen.
5.4 This Agreement may not be waived, altered, or modified, except by a writing signed by authorised representatives of TX and Customer. No agent, employee or representative of TX or Customer has any authority to bind TX or Customer to any affirmation, representation or warranty unless such is specifically included in this written Agreement.
5.5 The section headings in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.
5.6 This Agreement shall be governed by and construed and interpreted in accordance with English law, and the parties submit to the jurisdiction of the English Courts. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable the validity, legality and enforceability of the remaining provision shall not be in any way affected or impaired thereby.
THE PARTIES FURTHER AGREE THAT THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THEM, AND SUPERSEDES ALL PROPOSALS, ORAL, OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THEM RELATING TO THE SUBJECT HEREOF. THIS ORDER SHALL CUMULATIVELY CONTAIN THE ENTIRE CONTRACT BETWEEN THE PARTIES.

We are continually reviewing our Terms and Conditions in line with the services we provide to our customers. Should you have any comments to make concerning the contents, please contact us on getintouch@thinxitsolutions.com.

Issue 4 - 1st January 2010 (Issue 1 August 2006)