This agreement constitutes the entire agreement ("the Agreement") between Westcountry Online Limited Limited and you and supersedes any written or oral representations, statements, understandings or agreements, except where specifically stated to the contrary or otherwise varied on an invoice, or any written agreement from Westcountry Online Limited that specifically adds to or excludes any terms contained herein. By using Westcountry Online Limited's services, you confirm your acceptance of and agree to be bound by this Agreement.

Agreement To Terms And Conditions
This Agreement takes effect on the date on which you first use or test Westcountry Online Limited or when you pay for their services or sign their customer satisfaction agreement, whichever is the earliest. From time to time, it will be necessary to update the terms and conditions and you agree to be bound by the new terms and conditions by your use of the system after the implementation date for them.

You are responsible for reviewing regularly information posted online in the terms and conditions pages. For the avoidance of doubt, a user during any free trial period provided by Westcountry Online Limited shall be governed by this Agreement as if a full user.

Information Provided By You
You warrant that the name, address and payment information that you provide when you use Westcountry Online Limited is correct and you agree to notify Westcountry Online Limited of any changes in the name, address and/or payment details. You agree that Westcountry Online Limited may disclose your name and address where there is any complaint about the content of your pages or in relation to goods or services advertised there.

You warrant that you possess the legal right and ability to enter into this Agreement and if you are an individual you are at least 18 years of age and that you will use Westcountry Online Limited services in accordance with this Agreement. You agree to be responsible for the use of Westcountry Online Limited services and to comply with your responsibilities and obligations as stated in this Agreement.

Usage
Westcountry Online Limited will not monitor the contents of your pages. Files that you upload to your web-pages are subject to withdrawal without notice by Westcountry Online Limited upon complaint about their content where Westcountry Online Limited at their sole discretion deem this necessary. You warrant the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which you place on your web-pages. You warrant that you are authorised to promote any information which you do so on your web-pages (for example if you are providing financial information, that you hold any necessary authorisation required under the Financial Services Acts etc.).

You agree to keep secure your Westcountry Online Limited identification, password and other confidential information relating to your account. We cannot guarantee that unauthorised users or hackers will never infiltrate the system. Your data pages may not be secure against hackers and you take that risk. If you find evidence of infiltration, you must let us know and we will take steps both to try and prevent it and to notify the proper authorities You are personally responsible for the use of your account and the secrecy of your password. If you are a corporate user then the company is also responsible, together with the individual using the account. In addition, you are deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using your correct account ID and password.

You must also tell us immediately if someone steals your password or if you find someone else is using your ID. Our system will not accept the use of any ID more than once so this should never happen unless someone has got access to your ID and password). We will change your password for you if this is the case.

You must also cooperate with us and the Police concerning any legal action taken arising from the misuse of your account by anyone else. You are entirely responsible for the content of your web-pages. You may not, under any circumstances, use Westcountry Online Limited pages to do any of the following:

1.publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;

2.threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others;

3.engage in illegal or unlawful activities;

4.make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;

5.make available / upload files that contain a virus or corrupted data;

6.falsify the source or origin of software or other material contained in a file that you make available on your web-pages;

7.act, or fail to act, in your use of the web-pages, in a manner that is contrary to applicable law or regulation.

Root Access and Security on Westcountry Online Limited
Westcountry Online Limited reserves the right of root access on the system and it is a condition of use that you do not attempt to gain root access. Should you find or suspect that there has been a breach of network access then you are required to inform Westcountry Online Limited immediately.

Advertising on Westcountry Online Limited
If you advertise or offer to sell goods or services via your web-pages, you undertake to provide goods in conformity with any description and warranties made. You agree to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc. If you are advertising goods in the course of a trade or business this must clearly be so stated. Westcountry Online Limited reserves unconditionally and at its sole discretion the right to withdraw pages or other services in order to prevent damage (or the likelihood or threat thereof) to its system or reputation or otherwise for its security, safety or continued operation or upon legal advice. If such withdrawal occurs, then you will be deemed to have expressly authorised Westcountry Online Limited to make any disclosures to the relevant authorities or other bodies that it reasonably considers necessary or appropriate.

Annual renewal costs & Web site packages:
Standard Hosting Renewal - £100.00
Standard Listing Renewal - £149.00

Payments for web design, renewals and updates are due within 7 working days of receipt of invoice. Overdue accounts subject to a service charge of 10% per month.

Westcountry Online Limited charge a deposit of 50% before any work is undertaken. If the customer decides they wish to terminate the use of Westcountry Online Limited services during design stages they are not liable for a refund.

Storage & Bandwidth
Your annual subscription covers the cost of up to 50MB of file storage we reserve the right to charge for additional space used at our current rates in force at any time.
Westcountry Online Limited reserves the right to monitor bandwidth used and bandwidth supplied upon demand and will use best endeavours to meet any reasonable demands on the system, however Westcountry Online Limited reserves the right to implement restrictions on available bandwidth in order to protect system integrity. Bandwidth will be supplied subject to connectivity from British Telecom or such other connectivity supplier as deemed appropriate by Westcountry Online Limited at their sole discretion.

Your subscription covers permitted bandwidth usage of up to 400Mb per month, and if your bandwidth usage is above this limit, then Westcountry Online Limited will make additional charges to you in accordance with its additional bandwidth charge at a rate of £10 per GB.

Westcountry Online Limited will not accept liability for failures in available bandwidth which are outside normal usage or which occur due to force majeure, matters outside Westcountry Online Limited control or which are not reasonably foreseeable

Westcountry Online Limited undertakes to use reasonable skill and care in providing these services and to make reasonable endeavours to keep your Web Packages operating.
You will be liable for any maintenance or other replacement costs incurred in order to repair your Web Product, but we will wherever possible advise you in advance of the likely costs. Westcountry Online Limited will not be responsible for downtime or other systems failures or failures which are cause by force majeure or which are otherwise outside of our control or caused by lack of available parts.

Westcountry Online Limited has the right to close down your Website, listing or other property of the client against any amount due and unpaid.
In the event that the required notice has been given to Westcountry Online Limited and any outstanding account due to Westcountry Online Limited has not been paid in full, on the serving by Westcountry Online Limited of 14 days notice in writing, Westcountry Online Limited reserves the right to sell any Web Product, Domain Name, Web Space or other property of the client in full or partial settlement of any unpaid account.

Domain Names
Westcountry Online Limited will not be responsible for domain name or other related charges, unless the registration was done by Westcountry Online Limited on the clients behalf. Prompt payment of these are a matter for you and Westcountry Online Limited will accept no liability in relation to payment or non-payment of these charges or any dispute in relation to domain names. Westcountry Online Limited reserves the right in the event of disputes concerning domain names to suspend the use of domains, to impose a homepage redirect system or other systems which it at its sole discretion considers necessary or prudent. Westcountry Online Limited will usually only act upon court order or legal advice in relation to domain disputes and will seek wherever possible to notify you of any action to be taken in advance. Westcountry Online Limited will not accept any liability for actions taken in relation to name disputes and you indemnify Westcountry Online Limited for any legal or other costs, charges, damages, fines or other financial consequences in relation thereto.

Mail & Back Up Policy
Westcountry Online Limited will under no circumstances monitor the content of any client mail routed via Westcountry Online Limited or systems hosted by Westcountry Online Limited, save under authority of law or court order. Mail is entirely your responsibility and you are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. Westcountry Online Limited will take all reasonable steps to ensure accurate and prompt routing of messages but will not accept any liability for not-receipt or misrouting or any other failure of mail. You are reminded that sensitive mail should be sent with the use of suitable encryption procedures.

Westcountry Online Limited will not accept responsibility for losses or data or other information due to hardware failures and back-up of your mail facilities and web-pages (including date held on web-hosted machines) is entirely your responsibility.

Use Of Information by Westcountry Online Limited
Westcountry Online Limited will not distribute (excepting any disclosure to the relevant authorities as above) web-pages outside Westcountry Online Limited without a subscriber's consent but may include information about a subscriber in promotional material and advertising and may make such information available to third parties for promotional or advertising purposes. You agree that files that you have uploaded to Westcountry Online Limited may be used in such manner and for such purposes.

Termination
Westcountry Online Limited may terminate your subscription at any time, with or without cause, upon reasonable notice. You may also do the same. Where Westcountry Online Limited terminates your subscription with cause, or you terminate your subscription for any reason whatsoever, you will not be entitled to any refund of any unused part of your subscription.

You will not be entitled to any compensation whatsoever in the circumstances of termination and Westcountry Online Limited will not be liable for any consequential loss whatsoever in relation to termination of your account in any circumstances.

If you do not and later cancel your account, we reserve the right to recover the original invoice value of the account from you WHETHER OR NOT you have used or intend to use our services in the future and whether or not the Domain Name you originally ordered is still available.

General
Westcountry Online Limited expressly reserves the right to terminate or suspend your service(s) without prior notice should you fail to comply with any of the Westcountry Online Limited Terms and Conditions or should Westcountry Online Limited deem at their sole discretion that such action is necessary or prudent in order to protect Westcountry Online Limited. In such circumstances Westcountry Online Limited will confirm such termination or suspension by subsequent notice.

Payment of Charges
You agree to pay all charges for your use of Westcountry Online Limited services at the prices in effect at the beginning of your subscription period or in respect of renewal subscriptions, the prices in effect on the anniversary thereof. Current charges are normally shown on web pages at http://www.wol.co.uk/content/terms.htm Westcountry Online Limited reserves the right to change prices or institute new charges for use of Westcountry Online Limited services at any time. All changes will be posted online.

Payment terms are shown on each invoice issued by Westcountry Online Limited. Where payment is not made by the due payment date, your account and any and all services may be suspended or terminated at the discretion of Westcountry Online Limited. You will remain liable for any and all amounts that are outstanding on your account.
All renewable subscriptions must be cancelled by notification to Westcountry Online Limited by both email to info@wol.co.uk and postal confirmation on your company letterhead both notifications to be received by Westcountry Online Limited at least seven working days before the subscription renewal date.

If you should wish to transfer a domain name or names elsewhere, any and all outstanding charges due to Westcountry Online Limited must first be settled in full before any transfer is made.

Debt Collection Policy
Should Westcountry Online Limited be forced to call in a debt collection company to recover monies owed to us by you or your agent, Westcountry Online Limited reserves the right to levy a £100 surcharge in addition to any outstanding amount.

Exclusion of Warranties and Limitation of Liability
All Westcountry Online Limited services are provided "as is," and Westcountry Online Limited makes no express or implied representations or warranties to you regarding the usability, condition or operation thereof. Westcountry Online Limited will at all times endeavour to maintain an uninterrupted and error-free service. However Westcountry Online Limited make no representations or warranties regarding the services provided by them and do not warrant that use of Westcountry Online Limited services will be uninterrupted or error-free, or that Westcountry Online Limited services will meet any particular criteria of performance or quality.

Westcountry Online Limited will at all times use endeavour to maintain and safeguard your data. However Westcountry Online Limited accepts no responsibility for any damage to data or the loss thereof. Westcountry Online Limited expressly disclaims all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

Your use of Westcountry Online Limited services is at your own risk. You accept full responsibility for such use and the risk of any loss resulting from your use of the system and the content of your pages. You also accept full responsibility for safeguarding your own data. Notwithstanding contrary clauses in this Agreement, in the event that. Westcountry Online Limited are deemed liable to you for breach of this Agreement, you agree that Westcountry Online Limited liability is limited to the amount actually paid by you for your subscription. You hereby release Westcountry Online Limited from any and all obligations, liabilities and claims in excess of this limitation.

No waiver or inaction by Westcountry Online Limited of any rights or remedies herein will act to prevent Westcountry Online Limited acting or asserting the same or similar rights at a later time in relation to use of the system.

Westcountry Online Limited does not accept any responsibility whatsoever for anything posted on the system (except by one of our staff or authorised representative) and you agree by using the system that Westcountry Online Limited will not be liable for any direct, indirect, special, consequential, exemplary or punitive damages or losses which are incurred in connection with the use of the system even if Westcountry Online Limited has been advised of this possibility and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds and you agree to indemnify Westcountry Online Limited and hold Westcountry Online Limited harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of your actions on the system or materials or information transmitted by you in connection with the system. This means that you may be liable to pay Westcountry Online Limited where other callers or third parties make claims against Westcountry Online Limited .

Indemnity for System Misuse
If you post a defamatory/libelous message, it is you that publish it and you that will be liable for the consequences of it. You will also be liable for and by your use of the system you agree to indemnify us for our reasonable legal costs incurred in defending any defamation or libel action caused by your page content and you agree to indemnify us for any damages which are awarded against us by a court of law or which we pay as a result of settling such an action upon legal advice.

You will also be liable for and by your use of the system you agree to indemnify us for our reasonable legal costs incurred in defending any other criminal or civil action caused by your page content or use of the system and you agree to indemnify us for any fines, damages or other penalties or financial sanctions which are awarded against us or become payable by us at any time by a court of law or which we pay as a result of settling such an action upon legal advice.

For the avoidance of doubt, You agree to indemnify Westcountry Online Limited from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of your web-pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.

Westcountry Online Limited will notify you promptly of any claim for which Westcountry Online Limited seeks indemnification at the currently supplied address. Westcountry Online Limited will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Westcountry Online Limited interests, as determined by Westcountry Online Limited at its sole discretion.

Notices and Consents
Notices given by Westcountry Online Limited to you will be given by Email or by a general posting on Westcountry Online Limited home pages, or by conventional mail. Prices quoted on-line are for guidance only. In any matter requiring Westcountry Online Limited prior consent, an authorised representative of Westcountry Online Limited must give such consent in writing. Notices given by you to Westcountry Online Limited may be given by email or mail and will be confirmed by conventional mail.

Westcountry Online Limited conventional mail address shall be: Westcountry Online Limited, 26 Bryn Road, Weymouth, Dorset. The telephone number shall be 0800 612 9165. The address for email shall be info@wol.co.uk

Assignment of Rights
Neither party will assign this Agreement or any benefits or interests arising under this Agreement without the prior written consent of the other party.

General Terms
Westcountry Online Limited reserves the right not to do normal system housekeeping such as creating back-ups AND does not accept any responsibility for ensuring back ups work. Your data security is your own responsibility.

If Westcountry Online Limited suspects illegal activity, we may notify the authorities and reserve the right to do anything on the system that our lawyers advise us to do in the protection of the system.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Westcountry Online Limited as a result of your use of Westcountry Online Limited. You agree not to hold yourself out as a representative, agent or employee of Westcountry Online Limited. You agree that Westcountry Online Limited will not be liable by reason of any representation, act or omission to act by you.

Westcountry Online Limited performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Westcountry Online Limited right to comply with law enforcement requests or requirements relating to a Subscribers use of Westcountry Online Limited or information provided to or gathered by Westcountry Online Limited with respect to such use.

Severability
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).