BCA Web Services - Conditions of Use


The British Caving Association Web Services Terms & Conditions

TERMINOLOGY USED
The use of We, Our(s) and Us refer to The British Caving Association.

TERMS OF SERVICE
The British Caving Association provide World Wide Web page hosting. We reserve the right to suspend or cancel a customer's access to any or all services provided by Us when We decide that the account has been inappropriately used or otherwise.

SERVER USE
Personal accounts are to be used by the primary owner only. Personal account holders are not permitted resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.

We reserve the right to refuse service and /or access to our servers to anyone.

We do not allow any of the following content to be stored on our servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any National, Federal, State or Local regulation.

Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to our discretion.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.

UNLIMITED USE POLICY
High bandwidth usage: We offer an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, We may find a customer to be using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, We reserve the right to impose the High Resource User Policy for the consideration of all customers.

HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilisation.

We may implement the following policy at our sole discretion:

When a website is found to be monopolising the resources available We reserve the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby We continue hosting the website for an additional fee.

PAYMENT POLICIES
All accounts are set up on a prepay basis. Although The British Caving Association reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 365 days, following the date the account was established. Customers will be automatically invoiced again near the end of their prepay period unless closure notification has already been given.

In situations where the invoice is not paid The British Caving Association will suspend access to the web site until the outstanding invoice is paid. In addition, We reserve the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the purchase has been made. On receipt of the invoice the account should be settled within 30 days.

All payment is in UK sterling.

CANCELLATION AND REFUNDS
We reserve the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Our terms of service a refund will not be issued in the event of a cancellation.

Customers may cancel their account at any time. Fees charged on a prepay basis are non-refundable.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold The British Caving Association harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against The British Caving Association, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless The British Caving Association against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with The British Caving Associations' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from The British Caving Associations' server.

DISCLAIMER
The British Caving Association will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by The British Caving Association, its officers and employees. The British Caving Association reserves the right to revise its policies at any time.