Website Terms Of Usage

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Optinium Ltd's relationship with you in relation to this website.

The term "Optinium Ltd" or "us" or "we" refers to the owner of the website whose registered office is 209 Hardhorn Road, Poulton-Le-Fylde, Lancashire, FY6 8DW. Our company registration number is 4413272, Registered in England and Wales.The term "you" refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:
  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without Optinium Ltd's prior written consent.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

 

Acceptable Use Policy (AUP)

Applies to all customers. Information correct as of 20 March 2007.

Definitions
"OPTINIUM" means OPTINIUM Ltd, a company registered in England and Wales under number 4413272.
"AUP" means Acceptable Use Policy (this document).
"SPAM" or "UCE" means Unsolicited Commercial Email.
"Users" means the customer or its employees/agents etc.

Introduction
By using any OPTINIUM service, the customer will be deemed to have accepted and agreed to the Acceptable Use Policy.

It is the responsibility of all users of the OPTINIUM 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 OPTINIUM. 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, OPTINIUM reserve the right to terminate all or part of any service with immediate effect, without recompense and delete any files held on our servers.

Email Communication
Users agree to:

  • Maintain a current email address in the OPTINIUM database. Failure to notify OPTINIUM of an e-mail change could result in the termination of your OPTINIUM account.
  • Ensure that POP3 accounts under their account are checked at a frequency no greater than once every five minutes each. This is to prevent excess wasteful server load/bandwidth usage.

OPTINIUM users agree not to distribute, publish, or send any of the following types of e-mail:

  • Unsolicited promotions, advertising or solicitations (commonly referred to as "spam" or "UCE" Unsolicited Commercial Email), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails. 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.
  • Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form.
  • Harassing e-mail, whether through language, frequency, or size of messages.
  • Chain letters.
  • Malicious e-mail, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
  • E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.

Users may not run unauthorised mailing lists from, or through any of our machines, or mail servers.

OPTINIUM will block the mail services of any customer found to be sending such mail.

In addition, you may not use Optimum's mail server or another Web site's mail server to relay mail without the express permission of the account holder or the Web site.

OPTINIUM 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 Optimum's POP3 server. OPTINIUM 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, OPTINIUM reserve the right to delete older mails from the mailbox to reduce its size.

Web Space/Servers
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. OPTINIUM reserve the right, without notice or explanation, to remove material which does not comply with company policy, such as material of an adult nature or pirated software.

OPTINIUM 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 aren't vulnerable to these problems.

The customer agrees not to advertise their Website via unsolicited commercial e-mail. OPTINIUM reserve the right to suspend a site which has been advertised in this way.

OPTINIUM 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 doesn't exceed your usage at all times. You may upgrade your quota at any time by contacting OPTINIUM. If a site is excessively over quota, OPTINIUM 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. OPTINIUM reserve the right to suspend any sites containing such material.

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

The customer is ultimately responsible for ensuring that their site is suitably backed-up. OPTINIUM takes backups of the commercial servers for disaster recovery purposes only and must not be relied upon.

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.

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 store or transfer material of an indecent, offensive or otherwise illegal nature. If you do, you may be subject to prosecution by the UK authorities under the Computer Misuse Act 1990.

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 mount an attack, by whatever means, against our system, or any other systems.

Users may not run any program that monitors or modifies 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.

Security and privacy
Login names and passwords must be kept secret and not be communicated to any third party. OPTINIUM 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.

OPTINIUM 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.

Non-Specific
Any IP addresses assigned to customers are owned by OPTINIUM or its agents.

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

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