Terms and Conditions Agreement

Description of Services

Depending on the Services purchased, the Service Provider will provide the Client with a capability to:

Establish a VPN (Virtual Private Network) connection to a data centre in the UK.

Send and receive electronic mail ("email") through the VPN via the SMTP, POP3 and IMAP4 protocols through a local email client on their desktop and to access their mail via the Internet and a Web browser ("Email Services").

Service Provider is not responsible for providing Client's access to the Internet or paying for such services. Service Provider is not responsible for providing any equipment necessary for Client to make a connection to the Internet, including but not limited to computers and modems.

If any information provided by the Client is false or inaccurate, Service Provider retains the right to terminate the Client's right to use the Services, without notice or refund.

Client Password and Security

The Client will receive or provide a password on registering for the service. It is the Client's responsibility to maintain the confidentiality of that password and the Client is entirely responsible for any activity that takes place under any email address registered in their name. If the Client becomes aware of any unauthorized use of any of its registered email addresses or any breach of security the Client should notify the Service Provider immediately.

Maintenance Windows

Service Provider makes every effort to perform all system maintenance activities during a scheduled maintenance window. The maintenance windows are currently scheduled for Fridays from 9:00 am to 5:00pm UK time. Most maintenance will require less than 2 hours, not every maintenance window is utilized and not all services are necessarily affected at the same time. Client will be notified by email at least 24 hours prior to any maintenance.

Modification of these Terms of Use

The Service Provider reserves the right to change the terms, conditions, and notices under which the service is offered, including but not limited to the charges associated with the use of the services without prior notice. The Client is responsible for regularly reviewing these terms and conditions and additional terms posted on particular web sites. Continued use of the service constitutes your agreement to all such terms, conditions, and notices.

Period of Performance

This Agreement and Client's use of the Services purchased shall become effective on the date the order is submitted by Client to Service Provider ("Effective Date"). The Period of Performance of this Agreement shall commence on the Effective Date and shall continue for a period of twelve (12) months. Thereafter, this Agreement can be renewed for additional like periods ("Renewal Periods") on the same terms and conditions as herein agreed, as may be amended from time to time.

Subscription Fees

The Subscription Fees will be paid on a rolling basis and your subscription will automatically continue unless and until terminated in accordance with Termination section below. The Minimum Subscription Period is one year. You have thirty days in which you may cancell your subscription.

Subscription Renewal

The Renewal will occur on the aniversary of the creation of the account. There is no need to renew your subscription as it will automatically continue after the Minimum Subscription Period unless and until cancelled in accordance with the provisions of the Termination and Non-Renewal section below. We will continue to take payment by the agreed means at the agreed frequency.

Termination and Non-Renewal

Upon termination, the Client agrees that Service Provider and the Service Provider Network shall no longer support Client's Services and shall no longer be required to store any of Client's data. Cancellation can be made by calling our customer service team or by logging into your paypal subscription and terminating it.

Understanding for Termination

The Client agrees that Service Provider may immediately and without prior notice terminate the Client's use of the Services if it believes that the Client has violated or acted inconsistently with the letter or spirit of this Agreement, or that the Client has violated the rights of Service Provider or other Clients or parties.

Service Provider may also terminate the Client's use of the Services if Client's payment for any Service Fee or Renewal Fee is returned for insufficient funds, rejected by bank card processing services, or otherwise any situation in which the Email Services provided by Service Provider remains unpaid after its due date ("Overdue Balance"). In a situation where Client has an Overdue Balance, Service Provider will make a reasonable effort to contact Client using the contact methods previously provided by Client, in order to obtain full payment for the Overdue Balance, before terminating Client's use of the Email Services.

VPN Filtering and Traffic Shaping

Service Provider will provide intrusion protection and filtering of network traffic for the purpose of identifying and removing or blocking malicious code and blocking unauthorised access. The Service Provider will use Traffic Shaping to control network traffic to optimise performance and increase usable bandwidth for priority services such as email.

Client acknowledges that failure to run a desktop virus scanner and firewall on computers that are connected to the Internet and to keep operating systems and applications fully up to date with security patches may have a detrimental effect on the Service for which the Service Provider is not responsible.

Client agrees to and understands the risks associated with connecting their computer to the Internet. Client agrees to hold harmless and indemnify Service Provider from and against any liabilities, damages, losses, costs and expenses, including attorney's fees, of every kind and nature, caused by or arising out of claims based upon use of VPN Services.

Email Message Filtering

Service Provider will provide filtering of email messages that pass through the Service Provider Network for the purpose of identifying Spam, known viruses and other disruptive content (collectively "Junk Email"). Service Provider makes reasonable effort to configure its automated software to accurately identify Junk Email, however Client acknowledges and agrees that it is not possible to identify such content with 100% accuracy and that Service Provider is not obligated to do so. Service Provider does not guarantee that it will identify and block all of the Junk Email that Client receives through the use of the Email Services, nor does Service Provider guarantee that the emails that are identified or blocked by the filtering software truly contain Junk Email content.

Client acknowledges that failure to run a desktop virus scanner and firewall on computers that are connected to the Internet as a secondary line of defence to reduce the risk of Client's systems being infected by viruses that spread via email, may have a detrimental effect on the Service for which the Service Provider is not responsible.

Client agrees to and understands the risks associated with using the Email Services and receiving and transmitting email messages via the Internet. Client agrees to hold harmless and indemnify Service Provider from and against any liabilities, damages, losses, costs and expenses, including attorney's fees, of every kind and nature, caused by or arising out of claims based upon the receipt, transmission or loss of any content.

Email Message Storage

The Email Services have a fixed storage limit per mailbox. Email messages when received may not be stored if the size of such email would put the destination mailbox over its storage limit. It is Client's responsibility to monitor the size of their mailboxes in order to prevent it from reaching its storage limit. Service Provider assumes no responsibility for the deletion of or failure to store email messages.

Data Backup and Restore Policy

Client's email messages are backed up to separate storage systems daily for the purpose of recovery from errors or system failure ("Data Backups"). The Data Backups consist of a snapshot of the contents within each mailbox at a specific moment in time. The Data Backups may not store every email that is transferred or received using the Email Service, but rather it stores a copy of the email messages that exist within each mailbox during the time the Data Backups are processed each day. Copies of email messages may remain in the Data Backups for approximately two (2) weeks, even after Client deletes the email messages from their mailbox or after termination of Email Services. Service Provider employees do not access email messages in the Data Backups unless a data restore is needed.

Acceptable Use Policy

Service Provider and Client will adhere to the Acceptable Use Policy with respect to the use of the Services.

Rights

Notwithstanding anything to the contrary stated herein, Service Provider maintains all rights, title and interest in the Services, Service and Client may not claim ownership of or use the Services in a resale capacity or allow access to the Services by any third parties.

Service Provider reserves all rights to use the Services in whatever manner it chooses, including for other Service Provider clients.

Disclaimer of Warranties

The Service Provider does not warrant that the Services will meet any particular requirements of the Client, that the service will be uninterrupted, that emails will be sent or received within any particular time, or that the service will be secure or error free. The Service Provider does not give any warranty in respect of any goods or services purchased or obtained through the service or any transactions entered into through the service. The Service Provider may terminate your access to any part or all of the service and any related service(s) at any time, with or without cause, with or without notice, effective immediately for any breach of these Terms and Conditions. Subscription fees or other payments will not be refunded for any terminated account. The Service Provider may also terminate or suspend a trial account. The Service Provider shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

Limitation of Liability

The Client agrees that he or she uses the service at their own risk. The Service Provider will not accept any liability either in contract, tort (including negligence) or otherwise for any direct, indirect, incidental or consequential loss resulting from the use or the inability to use the service. Nothing in these terms and conditions limits the Service Provider's liability for death or personal injury resulting from the Service Provider's negligence. The Client agrees that any material and/or data downloaded by the Client is done so entirely at their own risk and the Client will be solely responsible for the consequences of downloading any such material.

No Resale or Profiteering of the Service

Although a Client may choose to register multiple accounts, any account of the Client is understood as a stand-alone single account. The Client may choose whether the account shall be used for personal or corporate purposes. However, the Client agrees not to resell or make any commercial use (leasing or selling of accounts) of Services, without the express consent of Service Provider.

Indemnification

The Client agrees to defend, indemnify and hold harmless Service Provider, its employees, directors, officers, agents and business affiliates (including any such business affiliate through which Client became a Client of the Service), and their respective successors and assignees from, and against, any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your account or the content contained in any email that has been sent or received through the Email Services, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

We do not control, nor are we responsible for any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but do not have any obligation to block information, transmissions or access to certain information, services, products or domains to protect the Service, our network, the public or our users. We are not a publisher of third-party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You are responsible for paying all fees and charges of any third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their or your compliance with them. If you elect to download into your computer or otherwise enable any software, including any "client" designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the login process for the Service.

Entire Agreement

This Agreement comprises the entire Agreement between Client and Service Provider and supersedes any and all prior agreements between the parties regarding the subject matter contained herein.

Non-Waiver

Failure of Service Provider to insist upon strict performance of any of the Terms of Service contained herein shall not be deemed a waiver of any right or remedy that Service Provider shall have in respect thereof, and shall not be deemed a waiver of any subsequent default in performance of the Terms of Service.

Provision of Notice

All notices to a party shall be in writing and shall be made either through email or conventional mail. Service Provider may broadcast notices or messages through the service to inform Clients of changes to this Agreement, the service, or other matters of importance; such broadcasts shall constitute notice to the Clients.

Applicable Law

These terms and conditions will be governed in accordance with the laws of England and Wales. The Client and the Service Provider agrees to submit to the exclusive jurisdiction of the courts of England and Wales.