TERMS & CONDITIONS OF SALE
Any reference to Lake Telecommunications in these terms should be taken to apply equally to the owner John Steel and any services supplied under the Authors World brand
All web hosting services for Lakes Telecommunications are provided by John Steel and any agreement for the provision of web hosting services will be between you and Lakes Telecommunications under the following terms and conditions.
This is an agreement between you and Lakes Telecommunications regarding your use of Lakes Telecommunications Web Site Provision and Management Service under the Lakes Telecommunications Acceptable Use Policy
If any terms or conditions are not followed it will result in grounds for immediate account de-activation without
refund. I reserve the right to remove any account without notice if it is threatening the ability of the server
to function properly. By agreeing to these Terms & Conditions and the
Acceptable Use Policy you agree to comply with all future and present rules and regulations that we set forth.
The purchaser of this agreement may cancel this agreement at any time simply by giving Lakes Telecommunications
60 days notice by e-mail to firstname.lastname@example.org .Please note however that whilst there is no cancellation charge,
there is also no refund of any fees paid. Other charges may apply and will be based on the cost of any work required to
close/transfer the site and domain registration. These charges will be
as published in my price list at Price List. A simple closure without transfer will not incur any charge,
a transfer may incur a transfer charge payable to the new registrar plus any work at normal hourly rates.
Lakes Telecommunications reserve the right to edit, update or change these policies as in order to continue
to provide service to all registered users.
Under this agreement, you must comply with Lakes Telecommunications's then current " Acceptable Use Policy," as updated from time to time by Lakes Telecommunications.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACTIVATING AN ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND LAKES TELECOMMUNICATIONS ACCEPTABLE USE POLICY.
1. Lakes Telecommunications will host an account for the purchaser hereafter referred to as the Account Holder, for their chosen domain name. Termination of services must be given in written form, 60 days prior to the termination date, e-mail is considered a suitable form of communication for this purpose. No refund of fees is available as a large part of the fee is paid out to other entities for registration or service provision purposes. In the event that due notice is given the domain registration will be transferred out without charge by Lakes Telecom, but the client will be responsible for any fees levied by the registrar for the transfer, if this is required, if the due notice is not given then casual work fees at the current rates will apply to all work involved in transferring out the registration to another party. This covers only the fees for transferring out and although most registrars transfer in registrations without charge it is up to the owner of the registration to confirm what fees, if any, will apply. Please note that with some registrations there is a period in which domain names may not be transferred for security purposes. If the required 60 days notice is not given then a full years hosting fee is payable as steps will have already been taken to aquire hosting and renew the domain registration. As some domain registration must be done and paid for in advance for periods in excess of one year (typically .uk registrations), if the current registration period exceeds the hosting renewal period the party transferring thier registration will be responsible for refunding any domain registration fees paid in advance.
2. The Lakes Telecommunications Service is provided on an as is, as available basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantable quality, fitness for a particular purpose or non-infringement. Lakes Telecommunications expressly disclaims any representation or warranty that the provided service will be error-free, secure or uninterrupted. The terms of this Section will survive any termination of this agreement. This does not affect your statutory rights as a consumer.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all international, local, federal, provincial, and municipal laws. Violations of this or any other provision of this agreement can result in a 30-day notice to terminate service or an immediate termination of service depending upon the severity of the violation. Lakes Telecommunications reserves the right to refuse service if the content of information provided is deemed illegal, misleading, or obscene, in the opinion of Lakes Telecommunications. The Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Lakes Telecommunications will make the final decision in any dispute over unacceptable context, and the Account Holder agrees to accept Lakes Telecommunications's decision. This does not affect your statutory rights as a consumer.
4. Lakes Telecommunications reserves the right to vary prices at any time. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to news groups. The Account Holder is responsible for security of their password. Lakes Telecommunications will not change passwords to any account without proof of identification, which is satisfactory to Lakes Telecommunications which may include written authorisation with signature. In the event of any partnership break-up, divorce or other legal problems that includes the Account Holder, the Account Holder understands that Lakes Telecommunications will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Lakes Telecommunications be liable for any losses incurred by the Account Holder during this time of determination of ownership, or otherwise. This does not affect your statutory rights as a consumer.
5. The Account Holder agrees not to harm Lakes Telecommunications, his reputation, computer systems, programming, service providers and/or other Account Holders using this service. Lakes Telecommunications reserves the right to select the facilities for the Account Holder web-site for best performance. If the Account Holder breaches this agreement, then Lakes Telecommunications has the right to terminate service without any refunds of the unused portion pre-paid by the Account Holder. The Account Holder agrees to indemnify and hold harmless both Lakes Telecommunications and any other Account Holder from any and all claims and/or costs resulting from the Account Holders use or abuse of their service in any manner. This does not affect your statutory rights as a consumer.
6. Account Holder understands this service is provided on a shared server. This means that one web-site can not overwhelm the server with heavy usage from highly active CGI scripts or chat scripts. If your web-site overwhelms the server and causes complaints from the other users, you have outgrown the realm of shared servers, and will need to relocate your web-site. Lakes Telecommunications will not refund any unused portion of pre-paid services. If at any time, the Account Holder breaches any part of this contract and Lakes Telecommunications must engage in the services of a lawyer or other professional assistance, then the Account Holder will pay any and all of Lakes Telecommunications's reasonable legal fees and court costs. The Account Holder's rights and privileges cannot be sold or transferred without written consent from Lakes Telecommunications.
7. This contract represents the complete understanding between the parties. The Account Holder will be responsible for the contents of any advertising placed on the facilities rented to him and the actions of any third party utilising his facilities. Lakes Telecommunications has the right to reject any illegal or offensive content. The e-mail distribution by the Account Holder of "SPAM" , "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any content found objectionable by Lakes Telecommunications, Lakes Telecommunications may terminate service. This does not affect your statutory rights as a consumer.
8. Lakes Telecommunications will use its best efforts to maintain a full time Internet presence for Account Holder. The network may be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, failure for any reason of a third party, or human error. The Account Holder agrees that these events may or may not occur and the Account Holder will hold Lakes Telecommunications, his employees, owners, contractors, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whatsoever. Lakes Telecommunications's total liability under all circumstances will never exceed the amount paid by the Account Holder for duration of this agreement. This does not affect your statutory rights as a consumer.
9. This agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. Any service account may not be transferred without prior written approval from Lakes Telecommunications. The Account Holder is responsible for maintaining the confidentiality his/her password. In the event of a breach of security through Account Holder's account, The Account Holder will be liable for any unauthorised use of the Lakes Telecommunications Service until the Account Holder notifies Lakes Telecommunications. This does not affect your statutory rights as a consumer.
10. If Lakes Telecommunications assigns the Account Holder an Internet Protocol address for his/her use of the Lakes Telecommunications Service, the right to use that Internet Protocol address will belong only to Lakes Telecommunications, and Account Holder will have no right to use that Internet Protocol address except as allowed by Lakes Telecommunications in his sole discretion in connection with the account during the term of this agreement.
11. This agreement constitutes the entire agreement between Account Holder and Lakes Telecommunications with respect to the Lakes Telecommunications Service and supersedes all prior agreements between Account Holder and Lakes Telecommunications. Lakes Telecommunications's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held un-enforceable, the un-enforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
12. The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon written demand of either party. Arbitration shall take place in London, England. Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable lawyer's fees and expenses incurred at both the trial and appellate levels.
13. Account Holder agrees to indemnify and hold Lakes Telecommunications harmless from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable lawyer's fees, costs, and other expenses incurred by Lakes Telecommunications as a result of any activities conducted by Account Holder. The Account Holder and Lakes Telecommunications will promptly notify each other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph shall survive indefinitely the termination of this Agreement. This does not affect your statutory rights as a consumer.
14. Lakes Telecommunications may include the Account Holder's name and contact information in directories of Lakes Telecommunications service subscribers for the purpose of promoting the use of the service by additional potential clients. However, Lakes Telecommunications is not authorised to Print Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of Account Holder. Such details may be held on a Computer Database and under the DATA PROTECTION ACT the Account Holder must advise Lakes Telecommunications in writing if they have any objection to this. The Account Holder however agrees that any information essential to the registration and operation of this service may be held on Computer and passed to the appropriate persons for operation of the site.
15. The Account Holder agrees not to sub let, sell on or divide any part of the account so that it is assigned, or appears to be assigned to another domain name. This may warrant grounds for immediate account de-activation without refund of fees.
16. Interpretation and enforcement of this agreement will be governed by English Law. The Account Holder hereby consents to personal jurisdiction in the English courts of London, England for any action arising out of or relating to Account Holder's use of the Lakes Telecommunications Service. The courts of London, England will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable lawyer's fees. The terms of this Section will survive any termination of this agreement.
17. Notices required by this Agreement shall be normally delivered by e-mail to the address registered to the Account Holder. All notices and other written communications under this Agreement shall be addressed to the individuals, or as specified by subsequent written notice delivered by the party whose address has changed.
18. This agreement is between Lakes Telecommunications and is valid for 12 months from the activation date. It will be automatically renewed upon receipt of the annual fees due, unless otherwise requested. It can be terminated at any time with written authorisation from the account holder. Lakes Telecommunications has the right to alter any part of this agreement without notice, or change its policies and fees so as to remain a competitive business.
19. The minimum initial period for use of these web hosting facilities is two years, in the event of cancellation within that period and before the second year payment has been made there will be a cancellation fee equal to the full fee for the second year, plus any charges according to the current price list for transfer of the domain name to a new service if this is required. In order to retain your facilities and domain registration you must confirm renewal 60 days before expiry and pay the renewal fee no later than 45 days before expiry to ensure continued use.
20. All Domain registration is done in the name of the client and the client has the full rights to use and transfer the domain name as long as the appropriate fees are paid, in the even the client does not pay the annual fees the ownership of the domain name will transfer to Lakes Telecommunications and/or John Steel. Should the client wish to maintain their own direct registration for any reason this can be arranged but there is no reduction in the annual fees payable for web hosting if this is done, in fact there may be additional charges if additional work is involved. If registration is done directly by the client no responsibility can be taken by Lakes Telecommunications for continued renewal of the domain to maintin its validity and if renewal is overlooked the domain name may be lost.
21. Renewal fees will be billed approximately 14 days prior to the renewal date, to the email address on file for the client. To ensure continuity of service these fees are due no later than 2 days prior to the expiry of the current period. If payment is not received by then, the hosting will be marked to expire and will cease to work on the last day of the current contract period. There is a 5 day period in which the domain can be reactivated, however a reactivation fee in accordance with our current tariff will be applied. If more than 5 days have expired since deactivation then no guarantee can be given that the domain can be reactivated and it may be lost.