General Terms & Conditions of Service
ersion dated 8th August 2011
1. The Asbruweb.com Service
1.1 The Asbruweb.com Service is a web hosting service run by Asbru Ltd, Registered in England, Company Registration No.
3865324. Our service the ("Service") includes online resources provided
in the name of Asbruweb.com to enable you to create, publish and
manage your own website with optional e-commerce and community functionality,
including website design, use of software tools and information
1.2 Our Service operates only via our web site www.asbruweb.com, the ("Site").
2. Acceptance of General Terms & Conditions
By filling in an Order Form for the Service you agree to use the
Service and to be bound by these general terms & conditions, which
should be read carefully before using the Service. These general terms
& conditions represent a binding contract between you and Asbruweb.com. If you do not agree with these general terms &
conditions, you shall not fill in an Order Form and use the Service.
2.2 Asbruweb.com may update or amend these general terms & conditions at
any time. Asbruweb.com will communicate changes to you via the Site.
3. Changes to our Services
3.1 Any enhancements
or additions to the Service shall be subject to these general terms
& conditions, unless Asbruweb.com expressly states otherwise.
3.2 Asbruweb.com may introduce further sets of specific terms and conditions
for specific services as appropriate, or amend existing specific terms
4. Access to the Internet
4.1 In order to use this Service, you need access to the Site via the Internet.
You acknowledge that it is your own responsibility to obtain access to
the Internet and that the charges set out on www.asbruweb.com or www.heartcore.net are exclusive of any telecommunication charges incurred by you in connection with the use of the Service.
You can access the Service from anywhere in the world and these general
terms & conditions apply to you regardless of how you have accessed
the Service. However, if you access this Service from locations outside
the United Kingdom, you do so at your own initiative and you are
responsible for compliance with local laws.
5. Contact Details & Registration Process
5.1 Asbruweb.com requires you to fill in order forms for the Service ("Registration Process").
When you fill in an order form, you agree to provide true, accurate,
up-to-date and complete information ("Registration Data") as required
by the Order Forms made available to you via the Site.
5.3 Asbruweb.com may rely upon your Registration Data to establish your
business status, whether you are liable to pay value added tax or other
taxes on Services, to supply you with information about its e-business
products and services (in accordance with HeartCore.net's Privacy
Policy), or otherwise to contact you. If your Registration Data is
untrue, inaccurate, out-of-date or incomplete, HeartCore.net may by
e-mail notice to you terminate the Service as set out in 16.1.
If your contact details change it is your responsibility to notify
Asbruweb.com. If you fail to notify Asbruweb.com about changes in
contact details Asbruweb.com may terminate the Service immediately.
6. Domain Name Registration
6.1 Asbruweb.com does
not accept responsibility nor does it make any warranty that the domain
names(s) with the extension heartcore.net requested by you will be available for registration nor will it be
liable for any costs you incur if the application for registration is
unsuccessful. Asbruweb.com does not accept responsibility for any
liability to third parties for breach of their Intellectual Property
Rights in relation to the domain name(s) requested by you.
Upon successful registration Asbruweb.com will host your heartcore.net domain name(s) for an initial
minimum contract period of 6 months.
6.3 Asbruweb.com reserves the right to suspend or cancel any application for registration or refuse to host a domain name(s).
6.4 Asbruweb.com does not register and host domain names without the
extension heartcore.net and do not accept
responsibility for such domain names. Asbruweb.com does not accept
responsibility for domain names hosted by domain name providers to be
pointed to our servers and charges set out on www.asbruweb.com
are exclusive of any charges incurred by you in connection with your
redirection of your domain name to or from our servers.
7. Password & Security
7.1 You are
responsible for maintaining the confidentiality of all logins &
passwords provided by Asbruweb.com and are fully responsible for all
activities that occur under your password. Asbruweb.com shall not be
liable for any loss or damage arising from your failure to maintain the
confidentiality of logins & passwords.
7.2 You shall immediately notify Asbruweb.com of any unauthorised use of your password or any other breach of security.
You shall not attempt to obtain access, through whatever means, to
areas of our network or the Service which are identified as restricted
8. Your obligations
8.1 The following list of
your obligations applies to all uses by you of the Service, including
all use of your website designed and/or hosted by Asbruweb.com as part
of the service. Asbruweb.com may promptly suspend or block access to
your use of the service if you are in breach, or if the Asbruweb.com has
reason to believe you may be in breach, of this list of obligations, or
any other provision of these general terms & conditions.
8.2 You agree not to:
- use any material obtained via our Service other than solely for your own personal or business purposes;
- use the Services in a manner which infringes a third party's
copyright or other intellectual property rights of whatsoever nature;
- make available on your website or upload files that contain
software or other material, data or information not owned by or
licensed to you;
- use our Services or your website in any way to send
commercial e-mail or "spam" without the express or assumed agreement of
the recipient, or any similar abuse of the Service;
- use the service to publish, post, distribute or disseminate
defamatory, infringing, offensive, threatening, harassing, abusing,
illegal, immoral, obscene, indecent, erotic or pornographic or unlawful
services, material or information via our Service, or on your website;
- engage in illegal or unlawful activities through the Service or via your website;
- make available or upload files to your website or to the Service that you know contain a virus or corrupt data;
- arrange or publish your web pages in a way that leads to a risk of
excessive load on the server provided by Asbruweb.com in connection with
9.1 Asbruweb.com recognises the
importance of maintaining the privacy of personal and business data we
collect which relates to your business. Please review our Privacy
10. Asbru Ltd. Brands, Trademarks & Copyright
You may not use Asbru Brands including Asbruweb.com and HeartCore.net in any way in
connection with your business, nor imply that your business conducted
through your website has any association or connection with Asbru.
10.2 All goodwill in the Asbru Brands remains vested in Asbru Ltd.
11. Asbru Software
software provided by Asbru to you is provided under licence
and no title transfers to you. You agree not to use the software for
any other purpose, or to do anything, which affects our title.
12. Our Service
12.1 Asbruweb.com will take all
reasonable steps to provide its Services in a fast and reliable manner
to good industry standards and to ensure the security, integrity and
confidentiality of your website.
12.2 However, the performance and
quality of the Service depends upon the level of service of our third
party suppliers. Asbruweb.com does not give any warranties or
undertakings in connection with the performance or quality in this
12.3 Please notify us of any problems you experience with
regard to the performance and quality of our service and we will use
our reasonable endeavours to require our infrastructure providers to
rectify the matter in a timely and efficient way.
will use appropriate technical and organisational measures and require
its third party service providers, to do the same, with a view to
protecting your data, and protecting your website, from unauthorised or
unlawful access or processing and from accidental loss or damage.
12.5 Asbru Ltd or Asbruweb.com will not be liable for any loss of
data and material uploaded or liable as a result of incompatibility of
the Site with any of your equipment, software or telecommunications
12.6 The Asbruweb.com service will be available to you for at
least 1 year after the initial contract period unless you are in breach
or Asbruweb.com has reason to believe you may be in breach, of any of
the provisions of these general terms & conditions.
13. Charges and Payment
13.1 The charges for all Services provided by Asbruweb.com are set out on our website.
13.2 You agree to pay for the services in advance as stated on the www.asbruweb.com website for each individual service.
Asbruweb.com shall be entitled to vary the charges from time to time.
Asbruweb.com shall issue an amendment notice to Service users no later
than 1 month before the charges will change. Unless a termination
notice is received from you it is deemed that you accept the change in
13.4 All charges exclude 17.5% VAT.
13.5 Upon termination of the service you shall be bound to pay any outstanding amount of the charges.
The volume of included data transfer is limited to five (5) GB
(Gigabyte). (This corresponds roughly to 250,000 page viewings per
month (average page) or 25000-50000 visitors per month, but is still
limited to five (5) GB (Gigabyte)). Additional data transfer will be
charged at £5 per GB.
13.7 All charges are payable 1 month in
advance. Payment in full shall be made by you to Asbruweb.com on or
before the commencement of the 1 month period.
13.8 Payment of charges can only be made by a valid Credit/Debit Card via Asbruweb.com's chosen secure payment processor.
14.1 You are responsible for the
content of your website. You are responsible for all liabilities
arising out of your use of Asbruweb.com's Service, including
contractual, tax, and regulatory liabilities. You agree to indemnify us
for any expenses, losses, liabilities or costs we incur due to your use
of the Service or your website.
14.2 In any event, we shall not be liable for any loss of profits or consequential or economic loss of any kind.
We reserve the right to remove any information we deem to be in breach
of any of these general terms and conditions without warning and/or to
make available such information when required to do so by law or when
requested to regulatory bodies or law enforcement organisations.
14.4 We do not limit or exclude liability for death or personal injury caused by own negligence.
14.5 All implied warranties and undertakings are hereby excluded, to the maximum extent permitted by law.
15. Force Majeure
shall not be liable to you for any delay or non-performance of the
Service arising from any cause beyond our reasonable control or that of
our service providers.
16.1 Apart from our
ability to terminate the Service immediately on notice to you for your
material breach of any of the general terms & conditions, we may
also terminate the Service without prior notice to you where:
- there is a regulatory or statutory change, which changes our ability to provide the Service;
- any event occurs which is beyond our reasonable control or our
third party providers which in either case prevents us from continuing
- you have ceased to trade, have become insolvent, or entered
into administration, or are unable to pay your debts, or we have a
well-founded belief that any of these is likely to apply.
16.2 Asbruweb.com may terminate the Service to you for any reason upon 30 days prior notice by e-mail.
You may terminate your use of the Service at any time by giving us 30 days prior notice of termination in
substantially the manner described in clause 17.
17.1 Notice may be given by us or you by e-mail or in writing. Our address for this purpose is:
71-75 Shelton Street
18.1 These general terms &
conditions and your use of this Service shall to the maximum extent
permissible by law be governed by and construed in accordance with
English law and the English Courts shall have exclusive jurisdiction in
connection with all matters relating to these general terms &
18.2 These general terms & conditions together with any specific
terms and conditions for specified services contain the whole agreement
between us relating to the Service and supersede all previous
agreements between us relating to it. You acknowledge that in agreeing
to these general terms & conditions you have not relied on any
representation, warranty or other assurance.