Web hosting terms & conditions

Customer's use of services provided, access and/or login into their respective accounts and/or making of payments against invoices shall be deemed as acceptance of the agreed upon terms and conditions as following:

THIS AGREEMENT represents the complete agreement and understanding between Momo Communications Ltd, (hereinafter referred to as 'Momo') and the Customer and supersedes any other written or oral agreement. In the event that any term or provision of this agreement is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions and the agreement which it evidences, shall remain in full force and effect.

1.TERMS OF SERVICE
Momo provides World Wide Web page hosting. Momo reserves the right to suspend or cancel a Customer's access to any or all services provided by Momo when Momo decides that the account has been inappropriately used or otherwise.

2.SERVER USE
Accounts are intended for the use of only one web site. Account holders are not permitted to 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. Momo reserves the right to refuse service and/or access to its servers to anyone. Spamming, mail-bombing and other inappropriate or anti-social uses of e-mail facilities are considered as mis-use.

3.CONTENT
Momo does not allow any of the following content to be stored on its servers:

a. Illegal Material - This includes copyrighted works, commercial audio, video, or music files,
and any material in violation of any Federal, State, National or Local regulation.

b. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Momo.

c. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc, and encrypting of any of the above. Also "links to" or "how to" information about such material.

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

4.1 HIGH RESOURCE USER POLICY

Momo may implement the following policy at its sole discretion: Resources are defined as bandwidth and/or processor utilization. When a website is found to be monopolising the resources available Momo reserves 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 Momo continues hosting the website for an additional fee.

5.INVOICING & PAYMENT

Invoicing for hosting services shall be as follows:

The charging period shall be one complete calendar month, with the Customer being invoiced monthly, and paying monthly, unless otherwise agreed upon. In the event that Customer shall fail to pay as agreed for the services provided herein or in the event there shall exist any delinquency in the Customer's account then in such event Momo shall be entitled to unilaterally terminate this agreement and discontinue service to Customer without notice or liability for actual compensatory or consequential damages to Customer for the interruption in service, in which case all other provisions will continue in full force and effect. Any such service disconnection or suspension will result in the requirement of a re-connect fee. Initial service and set-up fees will be in accordance with the published tariff. All payment is in UK sterling.

6.CANCELLATION AND REFUND
Momo reserves the right to cancel the service at any time.
In such event customers will be entitled to a pro rata refund based upon the remaining period of paid-for service. If Momo cancels service due to contravention by a customer of this Agreement then no refund will be made.

Customers may cancel their account at any time. Any incentives offered to customers when opening the account will be cancelled. Fees charged on a normal prepay basis are non-refundable. Where a Customer has been charged initial set-up fees, these charges are also non-refundable.

7.INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Momo harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Momo, 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 Momo against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Momo' 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 Momo' server.

8.DISCLAIMER
Momo will not be responsible for any loss, damage, claim or expense arising out of, or in relation to use or mis-use of the services provided. Momo disclaims any warranty, whether express or implied, of merchantability or fitness of the services provided for any particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions whether or not caused by Momo, its employees, sub-contractors or service providers.

9.SUPPORT
All support inquiries are to be initiated via email to: tech@momo.co.uk: attn:technical support. Momo will make a diligent effort to resolve any problems related to Momo hardware or supporting software. Only once all email inquires have failed, will Momo provide support via telephone.

10.MODIFICATIONS
Momo reserves the right to modify the terms and conditions contained herein upon thirty (30) days prior on-line publication of the revised agreement and the effective date thereof, but with changes in monthly service fees being effective only at the end of a complete charging period. The use of the service by the Customer following the effective date of any change will be deemed proof of acceptance by Customer of such change(s).

11.DOMAIN NAMES
Momo may acquire, at the request of the Customer, an Internet Domain Name on behalf of the Customer. In such case the Customer hereby waives any and all claims which it may have against Momo for any loss, damage, claim or expense arising out of, or in relation to, registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by Momo for any reason. Any costs incurred by Momo in obtaining or maintaining a domain name for Customer or its customers shall be at the expense of the Customer. Once payment in full for the domain name has been received then the domain name becomes the property of the Customer, and may be removed from our nameservers at any time, on the receipt by us of written instruction. Customers requests for assistance in transferring domain names to alternate registrars, ISPs and/or nameservers will always be complied with, provided only that all outstanding charges due to Momo are settled beforehand. On such termination, a digital copy of the then existing content of the site can be provided for a nominal fee. We will acknowledge change of ownership as directed by the registrars of the domain name/s. We reserve the right in the case of urgent need to preserve service to migrate the domain to alternate nameserver/s without Customers authorisation.

12.JURISDICTION
This agreement shall be construed and interpreted in accordance with the laws of England and Wales.