Website Terms and Condition of use

1. Acceptance of terms
Your access to and use of www.bDiverse.com ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2. Advice
The contents of the Website does not constitute advice and should not be relied upon in making or refraining from making, any decision.

3. Changes to the Website
the Website reserves the right to:

3.1. change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that the Website shall not be liable to you for any such change or removal; and

3.2. change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4. Copyright

4.1. All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to the Website or otherwise used by the Website as permitted by law.

4.2. In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

5. Disclaimers and limitation of liability

5.1. The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

5.2. To the extent permitted by law, the Website will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

5.3. the Website makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

5.4. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Website for death or personal injury as a result of the negligence of the Website or that of its employees or agents.

5.5 Our products and services offered on this website are subject to change or withdrawal without prior notice. We accept no responsibility for poor quality displays of this site or technical problems caused by frames, portals or older machines or equipment. Prices quoted on the website are exclusive of VAT (value added tax).

5.6 Whilst we aim to ensure that any material, documentations, multi media presentations or executable files downloaded from this website are free of viruses, we would strongly advise that you run your own virus check on any material you download or pages you view whilst visiting this website. We accept no responsibility for any loss of data or system malfunctions experienced while viewing this website.

5.7 We reserve the right to withdraw any or all services from any client who infringes these regulations (as set out below) without notice and with immediate effect. In the event of suspending services, it is not our policy to offer a refund of any monies paid for services or any part thereof.

General Restrictions on Services and ISP Services
As a professional web host we value an excellent reputation. It is important to us that our customers use our services and the Internet in general, responsibly and courteously. Most of our customers do so and seldom need to refer to these AUPs (Acceptable Use Policies). Nonetheless some people will always ignore the rules, for this reason we have outlined below what constitutes unacceptable uses of our service. Breaching this AUP can and may result in the suspension or termination of your services. Whether you are using one of our free services, or entering in to a chargable contract with us, you should also read our terms and conditions which go hand-in-hand with this AUP.

Email
We take ‘spam’ mail very seriously. We reserve the right to instantly suspend your service if we have evidence to believe the account holder is involved in unsolicited bulk mailing whilst using our system to carry out their activities.

Mailing Lists
We also take the act of subscribing someone to an electronic mailing list without their prior consent very seriously. If you are running a mailing list it is your responsibility to make sure that users whose email addresses are entered actually want to be subscribed to your mailing list, if we receive complaints that you are not doing this, we again reserve the right to terminate your service.

General Unlawful Use
We are dedicated to providing a high-quality services and products to our clients, which are suitable for all organisations from schools through charitable institutions and SMEs, right up to multi-national corporations. We do not discriminate against any potential or existing client, but out of respect to our clients, and the law we will not tolerate the following unlawful uses of our services including: (but is not limited to): Drug dealing; pirating; hacking; cracking; copyright infringement; gambling; distribution of obscene materials; fraudulent activity; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; We reserve the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

MP3s
MP3s are acceptable on our servers as long as you personally own the copyright to the material stored therein e.g. You have recorded your band playing your latest track. We will not tolerate the storage, distribution, promotion or linking to of illegal MP3s as these MP3 files constitute a breach of international copyright agreements, such violations shall be taken very seriously and reported to the appropriate authorities. We reserve the right to inspect all MP3 files (or files suspected of being MP3s e.g. Zip files containing them, files with altered extensions).

Pornography
Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of our servers and will not be tolerated under any circumstances.

Abuse of Server Resources
Abuses of our server resources includes (but are not limited to): Running background tasks without prior written permission; running Chat Rooms Internet Relay Chat; IRC Bots; daemons and other executable files; receiving more than 500 emails a day. Further more any usage of 10% or greater resource usage (CPU, Memory etc.) is an undue burden to our system and is not acceptable - If you do not comply with this ruling then your service may be terminated immediately without notification (You will have the right to appeal to us and no other body).

Hacking/Cracking
We reserve the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

The following examples of unacceptable behaviour are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask us for further advice.

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network. Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination of services held by the user.

We reserve the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

6. Links to third party websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

7. Indemnity
You agree to indemnify and hold the Website and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Website arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8. Severance
If any of these Website Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.