Eurekaa Broadband- Terms and Conditions

Terms and Conditions for Broadband Services

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.

Eurekaa International Ltd (“Eurekaa”) specialises in the provision of Value Added Internet Services through the brands of Eurekaa and lobsterpot. In purchasing services from any, either or all of these brands, the client is contracting with Eurekaa. The Terms and Conditions described herein are applicable to all services supplied through Eurekaa and its subsidiaries.

Eurekaa has 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.

About Eurekaa

1.1 Eurekaa is a Value Added Internet Service Provider. It provides the Customer with access to the Internet and hosting services, IP services, messaging and security services as specified in the Customer’s Order and on the terms set out below.
1.2 Eurekaa is a company registered under the laws of England and Wales. Its company registration number is 04027565 and its registered office is 23 Northfield Avenue, London W13 9QP.
1.3 Eurekaa is a limited liability company
1.4 Eurekaa’s trading address is 23 Northfield Avenue, London W13 9QP. Except for enquiries relating to technical support, all communications with Eurekaa, including any complaints, should be made to this address, unless made by e-mail to the e-mail address given in the Contact area of our website at www.eurekaa.net.
1.5 Enquiries relating to technical support should be made via the Contact area of our website www.eurekaa.net.

Service specification

2.1 Eurekaa shall provide the Service in accordance with the service description within the Customer’s Order, subject to the limitations set out in this Agreement and in Eurekaa’s AUP and Privacy Policy.
2.2 Service Credits and Service Level Guarantees are only provided where a separate “Service Level Agreement” has been entered into and the Terms and Conditions of those services will be documented there.
2.3 Eurekaa reserves the right to modify the service description in order to improve the quality or effectiveness of the Service without the prior agreement of the Customer. Eurekaa will notify the Customer of any changes to be made at least 30 days in advance.
2.4 Customer acknowledges that the ADSL services provided by Eurekaa are contended. In order to ensure the best possible experience for all our customers, Eurekaa reserves the right to manage any traffic routed across the Eurekaa ADSL network. Customer acknowledges that Eurekaa may manage the traffic of specific users without prior notice.
2.5 Eurekaa may modify its AUP and Privacy Policy without the further agreement of the Customer so as to ensure that they comply with all relevant legislation or regulatoryguidance and/or to bring them into line with common industry practice.

Service Charges and Payment

3.1 Customer agrees to pay Eurekaa charges, as specified within the service description within the Customer’s Order.
3.2 Eurekaa reserves the right to modify its charges (including its charges for maintenance and support services and for training and instructional materials) for the Service upon 30 days written notice, or the termination period of the relevant Service Agreement, whichever is the greater.
3.3 For our Pay As You Go services, our usage statistics, as expressed on the Control panel are the full and final statement for billing purposes.
3.4 Chargeable calls incurred through Eurekaa’s voice services are billed to the nearest penny, rounded up or down as applicable. In addition, Eurekaa’s HomeTalk and OfficeTalk services are subject to rounding up to the next whole minute per chargeable call and to a call set up fee per chargeable call.
3.5 Service charges will be invoiced in advance monthly, quarterly or annually, as specified in the service description within the Customer’s Order. If on account terms, payment must be received by Eurekaa within 30 days after the date of the invoice. Eurekaa 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. If on pay in advance terms, payment must be received by Eurekaa by the due date agreed and subsequently by the due date of any service renewal.
3.6 All sums due to Eurekaa under any Order are exclusive of Value Added Tax ("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.

Duties and Responsibilities

4.1 Customer agrees to pay in accordance with Eurekaa's then current rates for maintenance and other service activities relating to the Service.
4.2 Customer agrees to pay for loss or damage to equipment and software used in providing the Service which is caused by Customer's negligent acts or omissions.
4.3 The service will be furnished to Customer subject to the condition that it will not, nor will it permit others to use the Service other than in accordance with Eurekaa’s AUP and/or 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 Eurekaa or by any deception, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatsoever.
4.4 Customer will indemnify and save Eurekaa harmless from and against all loss, liability, damage and expense, including reasonable legal fees, caused by the negligent acts or omissions of the Customer or other user of Customer’s service 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 Eurekaa.
4.5 Customer will be responsible for the content of any transmission over the Service and the connection of any non Eurekaa equipment to the Service.
4.6 Customer shall use its best endeavours to protect and keep confidential all Eurekaa software used by it and shall make no attempt to examine, copy, alter, "reverse engineer", decompile, discover the source code to, tamper with, or otherwise misuse such software.
4.7 Customer's right to use the Service is personal to Customer and its authorised users, non-exclusive and non-transferable. Customer is not permitted to sell, assign, sublicense or grant a security interest in or otherwise transfer any right in Eurekaa software. This Agreement does not grant Customer any right to any Eurekaa software except the limited right to use set out in this sub clause.
4.8 Customer shall comply at all times with all relevant statutory and licensing obligations in connection with accessing and using the Service.
4.9 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 Eurekaa employees, agents or contractors onto its premises whenever necessary for purposes of installation or repair of Eurekaa supplied equipment necessary to provide the service.
4.10 Save as indicated below in 4.11 Eurekaa shall not be responsible for the installation of equipment necessary to provide the service or for any cabling.
4.11 Eurekaa shall be responsible only for the installation of any equipment purchased from them under a managed service agreement and will not be responsible for other residential or business Customer Premise Equipment.
4.12 Eurekaa 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 Eurekaa’s then current prices for such support services.
4.13 Customer acknowledges that Eurekaa will use e-mail as the primary method of contact with the customer. Customers can check the contact e-mail address by accessing their account details in the My Controls section of www.eurekaa.net the address recorded here will be used by Eurekaa to contact customers regarding any and all aspects of their Eurekaa account. Customer shall reasonably monitor the e-mail account it has specified for communications from Eurekaa in relation to the Service.

Eurekaa’s right to suspend the Service

5.1 Eurekaa reserves the right to suspend all or part of the Service provided to the Customer if it becomes aware of any actual or potential breach of its AUP by Customer or other user of the Customer’s Service. If the customer fails to remedy any breach within 10 days after written notice then Eurekaa reserve the right to terminate this agreement in accordance with the provisions in clause 8.4.
5.2 Eurekaa reserves the right to suspend all or part of the Service if the provision of the Service might expose Eurekaa to criminal or civil liability of any kind.
5.3 Eurekaa shall only restore the Service to full operation if, on the information provided to it in relation to the reason for the suspension of the Service, it in good faith reasonably judges that there is no risk of the restoration of the Service exposing it to criminal or civil liability of any kind and/or its AUP is fully complied with.
5.4 Eurekaa reserves the right to suspend all or part of the service if payment is not received in accordance with the terms and conditions and such service will only be resumed, and then entirely at Eurekaa’s discretion, if all monies outstanding have been received by Eurekaa. Further this clause shall be without prejudice to Eurekaa’s right to terminate in any event the agreement in accordance with clause 8.4
5.5 During any period of suspension the Customer agrees to continue to pay and to remain liable for all charges pursuant to these terms and conditions and the Customer’s Order.

Warranties

6.1 Eurekaa’s 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 Eurekaa, 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 10,000 pounds in the aggregate under this Agreement.
6.2 Eurekaa will not be responsible for any delay in or failure of the Service due to any occurrence beyond Eurekaa’s control.
6.3 Eurekaa gives no warranties and accepts no responsibility in relation to the information of third parties accessed by Customer by means of the Service.
6.4 Nothing in this Agreement shall be construed as to limit or exclude either party’s liabilities in respect of death or personal injuries, or any inalienable statutory consumer rights of the Customer.
6.5 To the extent that the exclusions and limitations in this Agreement are in any jurisdiction contrary to any statute or rule of law, such exclusions and limitations are to that extent disapplied.
6.6 EUREKAA WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
6.7 EUREKAA MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE FITNESS, PURPOSE OR QUALITY OF THE SERVICE.

Cancellation before commencement

7.1 Once performance of this Agreement has commenced Customer may not cancel this Agreement (although Customer may terminate the Agreement in accordance with the terms set out below).
7.2 Prior to Eurekaa commencing performance of this Agreement, Customer may cancel this Agreement by informing Eurekaa of its intention to cancel within 7 days of the day after it entered into this Agreement with Eurekaa. Customer may inform Eurekaa using any of the methods set out in Regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000, but is advised to communicate either by post or e-mail as set out in Clause 10.1 of this Agreement.

Term and Termination

8.1 Once performance has commenced, this Agreement shall continue until terminated by either Party.
8.2 Either Party can terminate this Agreement in writing, subject to the Minimum Contract Period and Notice Period associated with the service. Furthermore, notice of Termination is not deemed to have been served unless receipt of the notice is confirmed by Eurekaa.
8.3 The minimum Contract Period and notification period are the periods as specified by Eurekaa within the Customer Order. In the absence of this information, the following Contract Periods and Notice Periods will apply:
Service Contract Period Notice Period
ADSL 30 days 30 days
SDSL 12 months 30 days
HomeTalk 30 days 30 days
OfficeTalk 30 days 30 days
8.4 Eurekaa shall not be required to give notice of the beginning of its performance hereunder. Eurekaa reserves the right to disconnect the Service if Customer does not fulfil its obligations under this Agreement.
8.5 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 both up to the time of such termination and for all sums due for the remainder of the minimum contract period.

Privacy Policy

9.1 Eurekaa shall deal with all personal data relating to Customer which it acquires when entering into and performing this Agreement in accordance with its Privacy Policy.
9.2 Eurekaa complies with the provisions of the Data Protection Act 1998 and is registered with the Information Commissioner under registration numbers Z4774119 and Z5166885.
   

General

10.1 All notices (save where otherwise provided in this Agreement or in applicable legislation) from either party to the other shall be sent by first class prepaid post or by e-mail. Eurekaa shall send all notices to Customer’s billing address or to the e-mail account notified to it by Customer. Customer shall send all notices to Eurekaa’s address or e-mail address, as set out in Clause 1 of this Agreement.
10.2 This Agreement may not be assigned, delegated, transferred or otherwise dealt with, without the prior written consent of Eurekaa. Customer authorises Eurekaa 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 Eurekaa to provide the Service.
10.3 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, unless otherwise provided by legislation.
10.4 Save as otherwise provided for in this Agreement, this Agreement may not be waived, altered, or modified, except by document in writing signed by authorised representatives of Eurekaa and Customer. No agent, employee or representative of Eurekaa or Customer has any authority to bind Eurekaa or Customer to any affirmation, representation or warranty unless such is specifically included in this written Agreement.
10.5 The section headings in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.
10.6 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.
10.7

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 provisions 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.

10.8 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 comments@eurekaa.net.

Acceptable Use Policy

(To be read in conjunction with Eurekaa’s Terms and Conditions)

Introduction
We have created this Acceptable Use Policy (AUP) 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 as an ISP, we comply with all relevant UK laws. This AUP must be read in conjunction with our Terms and Conditions.

Eurekaa International Ltd (Eurekaa) specialises in the provision of Value Added Internet Services through the brands of Eurekaa and lobsterpot. It is the responsibility of all users of the Eurekaa network and services to ensure that they comply with the latest edition of the AUP at any given time.

This AUP may be revised, without notice, at any time, at the sole discretion of Eurekaa. 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, Eurekaa 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 the Customer Service Manager at comments@eurekaa.net.

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

You may not use our services to engage in activities, or store, transfer to 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 Telecommunications Act 1984, 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. You 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. Eurekaa will co-operate with any agency or rights holder wishing to assert their rights in these matters and Eurekaa reserve the right to withdraw service under such circumstances.

The Data Protection Act 1998 imposes numerous duties on users who process personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Users 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, we, as an ISP, are 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 you have carried out any unlawful acts we will take preventative measures to bring those acts to an end.

Compliance with foreign law
The Internet is global in reach. Consequently it is possible for you to break the laws of foreign countries notwithstanding that you are based in the UK. You must take all reasonable steps to avoid breaching relevant foreign laws.

Warranties and Disclaimers
Our service warranties and the extent of our liability are explained fully in our Terms and Conditions.
By connecting to the Eurekaa network, you agree to hold Eurekaa harmless in the event of any legal claim regarding our services.

Irresponsible usage
Customer acknowledges that they have a responsibility to ensure that their connection is not used in an irresponsible manner. Eurekaa deem irresponsible use of the connection as including, but not 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 connection is used for any purpose that Eurekaa deem irresponsible then we reserve the right to suspend service while the usage is investigated in consultation with the customer. Should investigation determine that the connection has been used irresponsibly Eurekaa reserve the right to terminate the customers 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. Eurekaa must be notified immediately if they are compromised. Please keep a note of your password. If you forget or lose your password, you will need to contact support to have it changed.

Eurekaa will not guarantee the security or confidentiality of any data transmitted over our network. Where security or confidentiality is required, the customer must provide their own end-to-end security mechanism.

Internet access (dial-up/ADSL/leased-line)
Standard dialup accounts are for a single user only. Users may only have one dial up connection per account at any one time. You may not transfer or give out your connection details for others to use.

You are responsible for all traffic that is sent from your connection. It is therefore your responsibility to ensure that all software on your side of the connection 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 we find malicious traffic emanating from your connection, we 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. We understand that in many cases, you may not be responsible for or aware of the problem, we will work with you to resolve the issue as efficiently as possible to restore normal service.

VoIP
Eurekaa is currently running a trial of Voice over IP Services. Users are requested to feed back their user experiences through our customer forum, located on our site.

Because the service is under trial, customer queries are not being handled through our standard support teams. Users with specific service issues should instead address their queries in the first instance to our e-mail support: voipsupport@eurekaa.net.

HomeTalk
Customers of Eurekaa’s HomeTalk service are subject to an overall usage limit of 3,000 minutes of outbound calls in any one month, where those outbound calls form part of the free local and national call allowance. Eurekaa reserves the right to suspend users who exceed this limit.

Furthermore, for the avoidance of doubt HomeTalk is available only to residential customers. If, at any time, a Customer’s usage of HomeTalk does not accord with that reasonably expected of a residential customer, that Customer will be suspended from the HomeTalk service.
OfficeTalk
Customers of Eurekaa’s OfficeTalk service are subject to an overall usage limit of 1,500 minutes of outbound calls in any one month, where those outbound calls form part of the free local and national call allowance. Eurekaa reserves the right to suspend users who exceed this limit.

Furthermore, if at any time a Customer’s monthly usage of Eurekaa’s OfficeTalk qualifies that Customer for transferral onto a different customer tariff, we reserve the right to transfer the Customer onto that tariff (regardless of whether the Customer requests to be transferred onto another tariff or not).

Messaging services
Messaging services covers any transaction involving software that transmits messages from one user to another, such as e-mail, IRC, instant messaging or Usenet. Users may not abuse, or make physical threats against, another person via any type of messaging service, or any other electronic media/service we provide.

Users must abide by the policies of any messaging or IRC networks they use. We will co-operate with the administrators of such networks to identify abusive users and restrict their access. Users are reminded that harassment, threatening or slanderous behaviour is prosecutable under UK law.

Users may not forge the sender address of any messages to appear to be from someone they are not.

e-mail
Users may not use our services to send unsolicited commercial e-mail (UCE, also known as 'Spam'). Eurekaa will block the mail services of any customer found to be sending such mail.

Users may not have “open mail relays”. Eurekaa will close the relay or connection of any customer found with an open mail relay.

Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available.

Eurekaa reserve the right to remove any mail older than 60 days from the server. It is the customer's responsibility to ensure that mail is regularly collected and removed from Eurekaa's POP3 server. Eurekaa strongly advise against the use of the POP3 option to keep mail on the server. If a POP3 mailbox contains an excessive amount of mail, Eurekaa reserve the right to remove older mails from the mailbox to reduce its size.

Usenet (News)
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.

When using newsgroups, subscribers must comply with the globally accepted Usenet Acceptable use policy. A good place to refer to is usenet.org.

Eurekaa reserve the right to cancel any message posted to a news group if it is deemed to be of an unsuitable nature.

Web Space (Homepages)
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.

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. Eurekaa 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.

Eurekaa reserve the right to suspend any or all of the Homepages service at any time, without prior notice, explanation, or recompense.

Subscribers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via your Homepages site. Eurekaa reserve the right to suspend any sites containing such material. You must be careful when using peer to peer networking software to ensure that you do not download or transfer material which you do not have the right to download or transfer.

The Web space included with your ADSL or dial-up account cannot be linked to a fully qualified domain name and does not provide for CGI scripts or access logs. Commercial Web Space, without these restrictions, is available on application for an additional charge.

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. Eurekaa 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.

Technical Support will only be provided for uploading, downloading and viewing pages. No support will be provided for HTML authoring or page design.

The customer has sole responsibility for ensuring that any data is suitably backed-up. Eurekaa will not keep backups of your pages. Eurekaa 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 non-payment, access to the customer's homepage, both for viewing and uploading, may also be suspended.

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

Web Space (Commercial)
By uploading to an Eurekaa commercial Web server, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.

You will be responsible for the content of your site, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. Eurekaa 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.

Eurekaa reserve the right to suspend any or all of a site, if it is deemed to be causing excessive load or traffic, is adversely affecting the performance of other sites on the server, or is being abused by an external entity. It is the customer's responsibility to ensure that their scripts are not vulnerable to these problems.

The customer agrees not to advertise their Website via unsolicited commercial e-mail. Eurekaa reserve the right to suspend a site which has been 'spamvertised' at any time.

Eurekaa do not set hard quotas (a quota is the amount of Web space you have allocated) on commercial Web space. If you go over quota, your Website will continue to work, but you will be notified. It is your responsibility to ensure your quota exceeds your usage at all times. You may upgrade your quota at any time by contacting your account manager. If a site is excessively over quota, Eurekaa reserve the right to suspend the site.

Subscribers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via your Homepages site. Eurekaa reserve the right to suspend any sites containing such material. You must be careful when using peer to peer networking software to ensure that you do not download or transfer material which you 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 your behalf. Eurekaa 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.

Technical Support will only be provided for uploading, downloading and viewing pages. No support will be provided for HTML authoring or page design.

The customer is ultimately responsible for ensuring that their site is suitably backed-up. Eurekaa takes backups of the commercial servers for disaster recovery purposes only.

If the account is suspended for any reason, such as non-payment, access to the site, both for viewing and uploading, may also be suspended.

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

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).

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.

Any IP addresses assigned to customers are owned by Eurekaa.

When using quota-based service, it is your responsibility to remain within your usage quota. Eurekaa reserve the right to delete files for over-quota users if disk space is affecting the normal running of the server.

Technical Support
Technical Support exists for the benefit of Eurekaa 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. When contacting Technical Support, please ensure that you have all relevant details to hand, including details of any specific error messages encountered. Please help us to help you.

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