These terms and conditions are to be read carefully. By ordering your services with Flyer Hosting, Flyer Web, Abalone Hosting or Abalone Web (Abalone Ventures Ltd) you will agree with the following terms and conditions.

These terms and conditions cover the services you (the customer) have selected from Abalone Ventures Ltd. You must accept the terms and conditions to use the services.

We agree to

Provide the services the customer has ordered, but may retain one or more third party service providers to supply any facilities, equipment, and connectivity necessary. The customer is responsible for securing and maintaining it’s own Internet connectivity to access Abalone Ventures Ltd.

Use all reasonable efforts to make the services available 99% of the time. This goal will be measured on a rolling year. This will not include any notified shutdowns for scheduled maintenance, or shutdowns due to telecommunication or power disruptions caused by third parties, and any other causes beyond Abalone Ventures Ltd’s reasonable control.

Reserve the right to change or modify the services or the terms and conditions of the services at anytime at it’s discretion. A courtesy e-mail will be sent to inform the customer of the changes.

The Customer agrees

If the customer uses bandwidth or storage space in excess of the service options they will be notified by e-mail and asked to reduce this within three weeks or for the next monitoring period, whichever is sooner. If this is not done then Abalone Ventures Ltd will at it’s own discretion assess extra charges, suspend the services, or terminate the agreement. In the event of termination due to this the customer will not be entitled to a refund of any unused prepaid fees.

The customer shall insure that it will not infringe the rights of others i.e. by distributing chain letters or unsolicited bulk electronic mail, propagate any worms or viruses, and attempt to gain unauthorised access to any site. The customer will also comply with all applicable laws, rules and regulations. The customer will also allow Abalone Ventures Ltd to censor any material or site content to ensure that it is not in the view of Abalone Ventures Ltd illegal or obscene.

Terms of Service and Payments

The customer agrees to pay the fees specified for the services specified. All fees will be settled promptly. Accounts in default can be subject to extra fees, suspension of service or termination of service with recovery of the fees through whatever channels Abalone Ventures Ltd chooses to use. The customer shall be liable for the cost of such actions. Currently services will be suspended one month after non-payment, with the content being removed three months after non-payment. There will be no reconnection charge during the above three months but if the data and content has to be reinstated there will be an extra charge.

If a customer is deemed to be in beach of contract then immediate suspension will occur and the customer notified via e-mail. Service can be restored when the breach has been cleared.

The customer can give one month’s notice of termination, but fees will be paid up to that date.

Archiving of sites will only occur on sites that have been designed and delivered by Abalone Ventures Ltd. No other archive will take place unless specified as part of a service agreement.

Violations of system or network security are prohibited. These include hacking, interception, intentional interference, falsification of origin, and avoiding system restrictions.

Limitation and Indemnity

Abalone Ventures will not be liable for interruptions as described above, or for performance deficiencies caused or created by the customer’s or it’s users equipment.

The customer and any users hereby release Abalone Ventures Ltd from liability arising from any content accessed via the service.

Abalone Ventures Ltd can not be held responsible for any problems arising from Acts of God, War, civil disturbances, or conditions and circumstances beyond it’s reasonable control.

Abalone Ventures Ltd will not be responsible if changes in operation, procedures or services require modification or replacement of the customer’s equipment.

In no event shall any liability for damages or losses against Abalone Ventures Ltd exceed the amount paid in fees by the customer.

The customer shall indemnify Abalone Ventures Ltd and hold Abalone Ventures Ltd harmless against any loss, cost, claim, damage, expense or liability to third parties relating to or arising from the use of the service by the customer or user.

Resolution of disputes

For resolution of problems or complaints please address comments to info@abaloneventures.com and follow up in writing to Abalone Ventures Ltd, 10 Falkenham Road, Kirton, Ipswich, Suffolk, IP10 0NT.

Version 2.3 Sept 2006