Acceptable Use Policy & Terms and Conditions

Contents

Introduction

Frag.co.uk has created this Acceptable Use Policy (AUP) for hosting customers
to protect our resources, and the resources of our customers and peering
networks in order to provide a high speed network, high availability services
and to ensure that Frag.co.uk comply with all relevant UK laws.

It is the responsibility of all customers of the Frag.co.uk network and
services to ensure that they comply with the latest edition of the AUP at any
given time.

All customers are regulated by these Terms and Conditions, unless explicitly
written otherwise in a mutually-agreed and formal contract.

This AUP may be revised, without notice, at any time, at the sole discretion
of Frag.co.uk. 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 this AUP.

In the event of a breach of this policy, Frag.co.uk reserve the right to
terminate all or part of any service with immediate effect, without recompense,
and delete any files held on our servers.

If you have any questions about any of our policies, please contact Webmaster
using the contact us form, or email . ALL telephone calls may be recorded.

Cookies

A cookie is a small file, typically of letters and numbers, downloaded on to a
device when the user accesses certain websites. Cookies are then sent back to
originating website on each subsequent visit. Cookies are useful because they allow
a website to recognise a users device.

We use cookies to allow us to identify you from other users visiting our site, so
that we can improve our website and your experience. We also use “analytical” cookies
to count the number of visitors and how they move around our site.

Some of our cookies are provided by third parties. We use
Google Analytics
to gather information about what type of users and devices visit, how our users move
around our site and how often they return visit.

You can safely disable cookies in your browser if you do not consent to this, but
it may make some of the functionality on our site unavailable.

Compliance with UK Law

It is an offence under UK law to transmit, receive or store certain types of
files.

Customers may not use our services to engage in activities, or store,
transfer or receive material of an indecent, offensive or otherwise illegal
nature. Any such activities may result in prosecution by the UK authorities
under the relevant Criminal Acts including but not limited to the Computer
Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act
1988 and the Prevention of Harassment Act 1997.

It is also a criminal offence under UK law to knowingly infringe intellectual
property rights, such as copyright, patents, database rights and registered
trade marks. Customers are reminded that sharing copyright material through the
use of peer to peer software may consequently constitute a criminal offence if
done without permission of the right owner in question. Frag.co.uk will co-operate
with any agency or rights holder wishing to assert their rights in these matters
and Frag.co.uk reserve the right to withdraw service under such circumstances.

The Data Protection Act 1998 imposes numerous duties on any organisation that
processes personal data relating to third parties. Failure to comply with many
of these duties constitutes a criminal offence. Customers who are not merely
processing personal data for domestic (including recreational) reasons are
reminded of their likely duty to register with the Information Commissioner.

Under the Electronic Commerce (EC Directive) Regulations 2002, Frag.co.uk is in
general not liable to any criminal or pecuniary penalty for any unlawful acts
carried out using our service unless we have actual knowledge of those unlawful
acts. Accordingly, if we become aware of credible evidence that a customer has
carried out any unlawful acts we will take preventative measures to bring those
acts to an end.

PC Repair

All our PC work is done to a professional standard and usually charged at a per hour rate. No Fix/No Fee refers to no charge being made for: software problems which cannot be fixed and hardware problems which cannot be diagnosed. If your hardware or software problem can be shown to be fixed, yet as a customer you choose not to have it done; a charge will still be made. If the problem cannot be fixed, and no other purchases have been agreed, no charge is made.

Image Hosting

All content of the frag.co.uk website is public domain, copyright to frag.co.uk, or copyright to its respective owners. Names, images and logos are used with implied permission from the authors. Some images on the frag.co.uk website have been modified from the original images from Dell Inc. Images courtesy of Dell Inc. If you feel any images are being used without permission, please contact us and we will resolve it as soon as possible. By browsing this website you agree not to claim to have authored the content, or use it for personal gain. The web design and layout is property of frag.co.uk and may not be reproduced exactly without prior permission.

Compliance with foreign law

The Internet is global in reach. Consequently it is possible for anyone using
the internet to break the laws of foreign countries. Customers are therefore
advised to take all reasonable steps to avoid breaching relevant foreign laws.

Warranties and Disclaimers

By connecting to the Frag.co.uk network, Customers agree to hold Frag.co.uk
harmless in the event of any legal claim regarding our services.

This includes uptime, availability and loss of data. You must keep up to date backups of your site, as Frag.co.uk will not be responsible for loss caused by either party.

Irresponsible usage

Customer acknowledges that they have a responsibility to ensure that their
connection is not used in an irresponsible manner. Frag.co.uk deem irresponsible
use of the services to include, but not be limited to, sending unsolicited
e-mail ("spamming"), attempting to breach the security of a 3rd party machine,
and flooding Usenet by placing a single post in a large number of newsgroups.

In the event that a customer's services are used for any purpose that
Frag.co.uk deem irresponsible then Frag.co.uk reserve the right to suspend service
while the usage is investigated in consultation with the customer. Should
investigation determine that the service has been used irresponsibly, Frag.co.uk
reserve the right to terminate the customer's account with immediate effect.
Wherever possible the customer will be notified in advance of any termination.

Security and privacy

Login names and passwords must be kept secret and not be communicated to any
third party. Frag.co.uk must be notified immediately if they are compromised. If a
customer forgets or loses their password, they will need to contact Frag.co.uk to
have it changed.

Customers are responsible for all traffic that is sent from their server. It
is therefore the customer's responsibility to ensure that all software is
virus-free and up-to-date with all relevant security patches. In particular,
server software running on public-facing ports, such as mail servers and proxy
servers, must not be remotely exploitable.

If Frag.co.uk find malicious traffic emanating from a customer's server,
Frag.co.uk have an obligation to our other customers and peering networks to take
urgent measures to block that traffic. In many cases, this can be achieved by
selective port blocking, but in other cases, this will involve disconnecting and
suspending the account until the issue has been resolved. Frag.co.uk understand
that in many cases a customer may not be responsible for or aware of the
problem, and therefore Frag.co.uk will work with the customer to resolve the issue
as efficiently as possible to restore normal service.

Hosted Design Work

By using Frag.co.uk design services and hosting, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the service, as detailed in this document.

The Customer will be responsible for the content of their website, including
obtaining the legal permission for any works they include and ensuring that the
contents of these pages do not violate UK law. Frag.co.uk reserve the right,
without notice or explanation, to remove material which does not comply with
this AUP or our Terms and Conditions, such as material of an adult nature or
pirated software.

Pages written and designed by Frag.co.uk are provided as a service, the content is owned by the customer but any coding, including database designs and any programming will strictly be owned by Frag.co.uk unless explicitly agreed otherwise, in a signed contract.

Consultancy

By contracting our services, whether directly through frag.co.uk or via any other method, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the service, as detailed in this document.

The Customer will be responsible for the content of their website, including
obtaining the legal permission for any works they include and ensuring that the
contents of these pages do not violate UK law. Frag.co.uk reserve the right,
without notice or explanation, to remove material which does not comply with
this AUP or our Terms and Conditions, such as material of an adult nature or
pirated software.

All customers are considered as agreed to this document. The terms in this agreement are the first line of terms for any work done, and are not nullified or changed by any other agreement, unless explicitely documented and signed.

Pages written and designed by Frag.co.uk are provided as a service, the content is owned by the customer but any coding, including database designs and any programming will strictly be owned by Frag.co.uk unless explicitly agreed otherwise, in a mutually-agreed contract.

No Fix No Fee:

If we have agreed to work under these terms, and we are unable to resolve your problem, we will not charge you for the labour, although, you will be charged for any components, parts, equipment or tools used in attempt to resolve your problem. You may also be charged for the travel costs.

Hosting

By uploading to the services, the customer will be deemed to have accepted
and agreed to the Terms and Conditions of use of the Web space service, and by using our service have agreed to the terms detailed in this document.

The Customer will be responsible for the content of their website, including
obtaining the legal permission for any works they include and ensuring that the
contents of these pages do not violate UK law. Frag.co.uk reserve the right,
without notice or explanation, to remove material which does not comply with
this AUP or our Terms and Conditions, such as material of an adult nature or
pirated software.

Frag.co.uk reserve the right to suspend any or all service(s) at any time,
without prior notice, explanation, or recompense.

Customers will be held solely responsible for any defamatory, confidential,
secret or other proprietary material made available via their website. Frag.co.uk
reserve the right to suspend any sites containing such material. Customers must
be careful when using peer to peer networking software to ensure that they do
not download or transfer material which they do not have the right to download
or transfer.

Login names and passwords must be kept secret and not communicated to any
third party, except for agencies, such as Webpage designers, working on the
customer's behalf. Frag.co.uk must be notified immediately if they are
compromised. If someone were to gain access to a customer's account password,
they could tamper with files held on the customer's website.

The customer has sole responsibility for ensuring that any data is suitably
backed-up. Frag.co.uk will not keep backups of customers' websites. Frag.co.uk will
accept no responsibility whatsoever for loss of data or information resulting
from the use of this service.

If the account is suspended for any reason, such as late or non-payment, access to
the customer’s website, email and other services, both for viewing and uploading, may also be suspended. A non-negotiable fee may be charged for reinstatement. During this time, we reserve the right to replace the content of all websites owned (or involved with) the customer with a message informing users of the current status of your account.

On closing an account amicably, the relevant data on this Web space will be deleted.

Late Payment Fees

Invoices must be paid within 28 days unless otherwise agreed. We may demand compensation arising from late payment, at statutory interest plus compensation as listed in section 5A of the Late Payment of Commercial Debts (Interest) Act 1998.

Late payment may result in your details given to debt-collection agencies for collection, or otherwise persued legal action.

If this fee is continued to be unpaid, or customer leaves without full payment: After a period of at least thirty (30) days, the domain name, site, content, images, rights over usage of the site and name shall transfer to frag.co.uk. This transfer is not considered an exchange for the debt, all the unpaid fees will still require to be paid. If reinstatement is wished, a non-negotiable fee may be offered depending on circumstance.

Attempted security breaches

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.

It should be noted that attempting to breach security may lead to prosecution
under the Computer Misuse Act 1990 or any other relevant criminal legislation.

Attempts to circumvent copy protection technology and encryption are also
likely to be illegal under the Copyright Designs and Patents Act 1988 (as
amended).

Backup Service

Our backup service is not a guaranteed service. We recommend you keep multiple copies and versions of your own backups. No compensation will be given for loss of data or server outages.

Other Terms

Customers may not mount an attack, by whatever means, against our system, or
any other systems. Customers may not run unauthorised mailing lists from or
through any of our machines or mail servers. Customers may not re-sell, lease or lend our services to third-party consumers.

Customers who prefer to be contacted by email will be considered responsible for checking their mail for latest updates, invoicing and any other important reminders. By being a member of this service, you agree to receive mail from frag.co.uk. We will never sell or give your email address to other companies.

Any IP addresses assigned to customers are owned by Frag.co.uk.

When using a quota-based service, it is the customer's responsibility to
remain within their usage quota. Frag.co.uk reserve the right to delete files for
over-quota users if disk space is affecting the normal running of the server.

Please note that use of our services in any irresponsible manner will result in termination of service without refund or compensation.

eMail: web@frag.co.uk
Phone: 07739 315821

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