What is the effect of these terms and conditions?

These terms and conditions and any applicable ProTaxSys charges (altogether the 'Email and Webhosting Terms') explain the rights and obligations of you and ProTaxSys where we agree to provide Email Services and/or Webhosting Services to you. They are a supplement to the Standard Terms and Conditions which also apply in full to the Email Services and Webhosting Services and the Standard Terms and Conditions are incorporated into these Email and Webhosting Terms. By signing up to our Email Services and Webhosting Services you agree to be bound by these Email and Webhosting Terms, the Standard Terms and Conditions and the Fair and acceptable usage policy ('FAUP').

What do the defined terms used in these Email and Webhosting Terms mean?

In these Email and Webhosting Terms the following words and phrases shall, unless the context otherwise requires, have the following meanings:-

• "Content" means the information, materials and other content which you send through your Email Account or post on your Website, including (but not limited to) text, images, graphics, audio and video.
• "Data Storage Limit" means (i) for Email Services, the limit upon the amount of data which can be stored in your Email Account which is 50MB per account or such higher data storage limit in additional blocks of 50MB as you may have elected to purchase from time to time upon payment of an additional fee (as set out in your monthly invoice) and (ii) for Webhosting Services, the limit upon the amount of data which can be stored on ProTaxSys's Servers for the purposes of hosting your Website(s) which is 100MB disk space or such higher data storage limit as you may have elected to purchase from time to time upon payment of an additional fee (as set out in your monthly invoice);
• "Data Transfer Limit" means (i) for outgoing email sent via Email Services, the limit upon the amount of data which can be sent in each Email which cannot exceed 20 MB and the limit upon the number of recipients of each Email which cannot be more than 200;
• "Email" means an electronic mail message sent by a third party to your Email Account or sent by you to a third party from your Email Account;
• "Email Account" means the POP3 email account which we host on a Server, through which you will receive and access emails sent to your email address;
• "Email and Webhosting Charges" means the charges set out in the application form;
• "Email Services" means the provisions to you of the number of Email Accounts requested on a Server and making your Email Account and Emails available to you in accordance with these Email and Webhosting Terms.
• "Server" means any server owned, provided to or operated by ProTaxSys on which Email Accounts or ProTaxSys members' websites are stored;
• "Term" means the time during which we provide the Email Services and Webhosting Services to you under this agreement unless and until terminated in accordance with these Email and Webhosting Terms and your Standard Terms and Conditions;
• "Webhosting Services" means the provisions of the Web Space by ProTaxSys on one of its Servers to store Your Website including the installation of Your Website on ProTaxSys's Server and making your Website available via the Internet.
• "Website" means a site at which text, graphics, data, files and information are stored electronically and access to which is made available to third parties via the Internet;
• "Web Space" means the amount of disk space allocated for the purposes of publishing a website which is 100MB;
• "Your Website" means any website which ProTaxSys hosts on your behalf.

What Email Services and Webhosting Services do we provide?

In exchange for your payment of the Email and Webhosting Charges and complying with your obligations under these Email and Webhosting Terms, we will provide you with the Email Services and/or the Webhosting Services, as applicable.

If we provide you with a user identification and/or password to access the Email Services and Webhosting Services, you must keep them secret, and must not disclose them to any third parties. We do not accept any liability in respect of any losses of whatever nature incurred by you (directly or indirectly) as a result of disclosure or loss of your user identification and/or password. You must inform us immediately if you become aware of or suspect the loss or unauthorised use of your user identification or password.

If we provide you with access to tools and templates to help you make more use out of your Email Account or Your Website, you are granted a licence to use these only for your own purposes and only for (i) sending, receiving and managing Email and/or (ii) the creation and uploading Content to Your Website, reviewing usage of Your Website, and for other ancillary purposes. You must use the tools and templates in accordance with any directions which we may give from time to time. This licence does not allow you to modify in any way the tools and templates, and does not grant you any rights of ownership in the tools and templates. We may offer licences in respect of the tools and templates to any other third parties, and may at any time revoke your rights to use the tools and templates. Where we make tools and templates available to you we will use all reasonable endeavours to ensure that they are accurate and operate properly at all times, but you acknowledge and agree that these are incidental to the Email Services and Webhosting Services, and as such we accept no liability for any loss or damage, howsoever caused or arising, which you suffer as a result of its reliance on the tools or templates.

What are your obligations?

You are responsible for all Content (i) which you send through Email and for all other uses by you of your Email Account and (ii) on Your Website, for all communications that you make through Your Website and for all other uses by you of Your Website. You can only include Content in Emails or on Your Website which you own, or which you are legally entitled to use. You must not copy any of your Content without permission from any other source, including any other website, written or printed material. You must ensure that your Content is accurate and complete, and you must update it on a regular basis to make sure that it remains accurate and complete.

To enable us to provide the Email Services or host Your Website, you grant to ProTaxSys a licence to use, reproduce, publish, create, derivate works from, distribute and display in public (i) in relation to Email Services, your Content, and (ii) in relation to Webhosting Services, Your Website and the Content that you make available on Your Website in any form and media, at no cost to us and for as long as we require. This includes the right for ProTaxSys to sub-licence these rights to third parties on the same terms.

You will abide at all times with the FAUP. We may change this from time to time, in which case we will email and let you know, and you will be required to abide with the FAUP in force at the time.

In addition, you must not use your Email Account or Your Website to:

• in relation to both Email Services and Webhosting Services, abuse, harass, stalk or threaten others;
• in relation to Email Services, send or access files that you know, or reasonably should know, contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or any other computer;
• in relation to Webhosting Services, upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or any other computer;
• in relation to both Email Services and Webhosting Services, send or upload files which contain an active hypertext link to another web site unless it is either a public information web site or the link is direct to that web site's home page;
• in relation to Email Services, access any file that you know, or reasonably should know, cannot be legally distributed; or
• in relation to Webhosting Services, download any file posted by a third party that you know, or reasonably should know, cannot be legally distributed in such manner.

You are solely responsible for virus checking all Emails which come into your Email Account, and managing your Email responsibly to protect your own systems. We may provide you with tools to help you check for viruses, spam and other malicious content, but these are entirely incidental to the Email Services and Webhosting Services, and you should not rely on these as sufficient to protect you from all the dangerous things and nasty people lurking on the web who are just waiting to wreak havoc with your equipment, spy on you, steal your money or your identity. We will not be liable for any loss or damage suffered as a result of any such content which is delivered to your Email Account.

You must not use your Email Account to send unsolicited email or spam of any sort.

You are responsible for backing up (i) your Email Account and taking copies of all Emails in it and (ii) Your Website and all the Content on it, and where necessary maintaining any insurance cover in respect of any loss or damage to data stored on the Server.

You are not entitled to sell, resell or exchange any of the Web Space, which is provided to you exclusively for the purposes of hosting Your Website.

Before placing any logos or other trade marks (the rights in which you do not own) on Your Website (whether as a link to another website or otherwise) you must first obtain permission from the owner of the logo or other trade mark or website to which you are linking.

What we will do

We will make your Email Account available to you, and allow you to use it to send and receive Email and we will make Your Website available for access over the Internet. We will process the sending and receipt of Email from your Email Account. We will at our own discretion control the Server and other equipment on which your Email Account is hosted and through which Email is sent and received and on which Your Website is hosted. We will use reasonable skill and care in providing the Email Services and Webhosting Services and will use reasonable endeavours to overcome any technical difficulties with the Email Services and Webhosting Services where they are within our control. However, we do not guarantee that the Email Services, your Email Account, the Webhosting Services, or Your Website or the equipment used will meet any standards of access, availability, security or resilience and we do not guarantee uninterrupted or error-free access to the Email Services and your Email Account and Email or to the Webhosting Services and Your Website for you or any third party users.

In relation to Email Services, we may, where lawfully entitled or required, monitor your Email Account, and may pass details to third parties like law enforcement agencies. We will also retain records of everything which you do in your Email Account for as long as we are legally required, or for as long as we think it is appropriate to do so for this purpose.

In relation to Webhosting Services, ProTaxSys may, but is not obliged to, screen or monitor the content (including your Content) on its Servers.

We will use reasonable endeavours to perform the Email Services and the Webhosting Services and shall, as soon as reasonably practicable following acceptance of your order, provide you with a user identification and password for your Email Account and/or the Web Space, as applicable.

We do not accept any liability for loss, howsoever caused or arising, which you suffer in the event that the Email Services and Webhosting Services are interrupted or are not error free.

Are there any limits on Data?

Although we want you to make the most use of (i) your Email Account, sending as many emails as you want to friends and family all over the world and (ii) Your Website, and we'll be as delighted as you are if it becomes really popular, we have to set some limits on what you can do with your Email Account or with Your Website depending on the price which you pay us.

Your Email Account and Your Website cannot exceed the Data Storage Limits, and the number of recipients to whom you send any Email and the amount of data which (i) you send and receive in Email in and out of your Email Account and (ii) other people download from Your Website cannot exceed the Data Transfer Limits. We'll try to give you a bit of leeway with these, and we will email you and let you know when you go over your limits. It is then your responsibility to reduce the amount of data stored in your Email Account or in your Web Space, to take steps to limit the volume of traffic sent or received through your Email Account or accessing Your Website(s), or to upgrade your package to increase your Data Storage Limits and Data Transfer Limits to handle how fabulously popular you are or how wonderfully popular Your Website has become. If we think it best we may suspend your Email Account or Your Website(s) until you can sort the problem out.

What can we do if you are in breach of these Email and Webhosting Terms?

In addition to our rights under the Standard Terms and Conditions (which includes a right for us to terminate this agreement if you are in breach of those Terms or these Email and Webhosting Terms) and the FAUP, if we for whatever reason decide it is necessary or in our best interests to do so we will be entitled to:-

• suspend or bar access to your Email Account or Your Website until any breach is remedied, or for such reasonable period as we consider reasonable; and
• remove all or any part of your Email Account or Your Website from the Server and/or delete all or any data, files or other information that is stored on the Server.

We reserve the right (in our sole discretion and without prior notice) to suspend use by you of any component part of the Email Services and Webhosting Services which may be having a detrimental effect on the Email Services and Webhosting Services as a whole or in part.

What else will happen on termination?

Upon termination of the agreement for whatever reason, we shall delete your Email Account, together with all the Emails in it and/or Your Website(s), as applicable, from our Server without any liability whatsoever.

Anything else?

In the event of there being a conflict between the terms of these Email and Webhosting Terms and the FAUP, the FAUP shall take precedence. In the event of any conflict between these Email and Webhosting Terms, the FAUP and the Standard Terms and Conditions, the Standard Terms and Conditions shall take precedence.