We “www.celesp.com” agree to furnish services to the Subscriber, subject to the following Service terms. Use of CELESP’S service constitutes acceptance and agreement to celesp.comTerms of Service.
Celesp.com reserves the right to modify the Service terms without any notice.
1. Use of Our Services
You may use CELESP services, provided that you are of legal age to make a requisite contract and are not banned from receiving such services under the laws of the United Kingdom or other jurisdictions. In order to access our services, you are compulsory to provide present and factual identification, contact number/address, and other information as part of our contract registration process. You are accountable for the confidentiality of your website account information and for all other activities that happen under your account. You are wholly responsible for all text/content within your account. You agree to immediately inform CELESP of any unauthorized usage of your account or any other security violation. CELESP shall not be legally responsible for any loss or damage as a result of your failure to give us with correct information or to keep your website account secure.
2. Acceptable Conduct:
You are liable for the actions of all users of your website account and any data that is produced, stored, showed by, or transmitted from your account while using CELESP. You will not engage in any action that hinders with or disrupts our services or networks linked to CELESP.
3. Prohibited Services Usage:
You agree that any of the below given activities are considered prohibited services usage and will result in instant account suspension or cancellation with no refund and the possibility that CELESP will impose fees and can pursue lawful remedies without providing advance notice.
System Resources Misuse: Intentional system resources misuse, including but not limited to using programs that consume excessive-network capacity, disk IO or CPU cycles.
Spam and Unsolicited-Bulk-Email (UBE): CELESP has a zero acceptance policy on spam, UBE or Junk E-mail. Spam, UBE and Junk mail are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a news-group charter or if it is sent to a receiver who has not requested this message. UBE also comprises E-mail with forged headers, compromised mail server relays, as well as false contact-information. This prohibition expands to the unsolicited sending mass mailings from another service, which in any way involves the use of CELESP whether or not the message actually originated from our system.
Mailing Lists: CELESP’S mass mailing policy also apply to mailing lists, list serves, or mailing services our customers may contract with. The rule is declared as follows: An acceptable mailing list will be focused at a targeted-audience that has voluntarily signed-up for your Email information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Networks or Computers without Authorization: Attempting illegal or unauthorized access of any networks, computers or accounts not related to party seeking entrance. Any act which hinders with the services of another party user or network. Any act concerning to the circumvention of CELESP security measures.
BORNITE and the services it offers may purely be used for lawful purposes. Transmission, sharing or storage of any data, personal information, or material in violation of United Kingdom law or regulation is prohibited. This includes, but is not restricted to, material protected by copyright, trade secret, trademark or other intellectual property rights. CELESP’S services may not be used to facilitate contravention of these laws in any way.
Other Activities considered as Harmful or Illegal: Engaging illegal activities that are harmful to the operations of CELESP or CELESP’S customers.
Provide False Data on any Contract or Application: including fraudulent credit card numbers usage.
CELESP does not prohibit the use of distributed, peer to peer network services for example neither Tor, nor does CELESP usually monitor the network communications of customers CELESP as a regular business practice. Though, consumers are responsible for the contents of network traffic exiting their CELESP. Any practice that prompts the receipt of violence complaints pertaining to infringement of United Kingdom and/or international copyright law ought to be promptly discontinued to avoid service termination for violation of these terms.
4. Payment and Invoicing:
You agree that CELESP shall be permitted to charge your credit-card on a monthly, yearly, or other agreed upon basis in advance of providing software services. Payments are due upon invoicing. Services may be disrupted on accounts that reach ten days past due. Accounts that are not collectable by CELESP may be turned-over to an external collection activity for collection. Subscriber is aware that CELESP may prospectively change the specified fees and charges from time to time.
Furthermore, CELESP is not responsible for any additional bank charges, interest payments, over draft charges, finance charges or other fees resulting from charges owed by CELESP. Settlements in currency exchange process will be based on agreements between you and the provider of your credit card. Pro-rated credits are issued for unused service when client retains any active service.
Uptime Guarantee: CELESP provides a 99.9% uptime guarantee on all CELESP hardware and on network connectivity. In any agreed month, if your CELESP is down for more than 0.1%, you may demand a pro-rated credit for the down time.
5. Support Boundaries:
CELESP provides 24 x 7 technical supports to our subscribers through our Support Ticket system. CELESP provides support related to your CELESP virtual server physically functioning. We do not offer technical support for application specific issues for example cgi programming, application-configuration, mail or web server configuration or any other such problem. CELESP does not provide technical support to your consumers. Please feel free to contact us.
6. Account Suspension or Cancellation:
CELESP reserves the right to suspend system access to any client if, in the judgment of the CELESP network administrators, the client’s server is the source or intention of violation of any of our service or for any other illegal reason for which CELESP chooses. CELESP shall use logical care in notifying the client and in resolving the issue in a way resulting in the least quantity of service interference. CELESP keeps the right to terminate service without notification for continued and repetitive violations of the service terms. If wrong activity is detected, all Customers accounts in question will be deactivated until an inquiry is completed. Former notification to the Client is not assured. In severe cases, law enforcement will be contacted concerning the activity.
If at any time it becomes essential for CELESP to cancel a customer’s service without any cause, we will provide 30 days advance notice. You may also cancel the service at any moment by using the “Cancel Account” option. Account will be canceled immediately after confirmation. Service cancellation does not relieve Subscriber of liability for the payment of all accrued charges.
7. Network usage right:
If BORNITE assigns Customer an Internet Protocol address (IP) for client’s use, the right to use that Internet Protocol address shall belong only to CELESP, and consumer shall have no usage right of that Internet Protocol address except as permitted by CELESP in its solitary discretion in connection with the Services, throughout the term of this Agreement. Our IP addresses allocation is limited by ARIN’s policies. These policies affirm that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. It means that you MUST use name-based hosting wherever possible.
8. Liability Limitation:
Subscriber admits that the service offered is of such a nature that can be interrupted for several reasons other than the negligence of CELESP and that damages resultant from any disruption of service are difficult to determine. Hence, subscriber agrees that CELESP shall not be responsible for any damages occurring from such causes beyond the direct and private control of CELESP. CELESP shall not be liable for any special or consequential damages, loss or injury in case of any natural disaster (earthquake Etc). CELESP is not accountable for any damages your business/company may suffer. We do not make indirect or written warranty for any of our service. We deny any guarantee for a specific purpose; includes loss of data resulting from delays, wrong or non deliveries, and all service interruptions caused by CELESP.
9. Law Enforcement Disclosure:
These Service terms specially prohibits the use of our services for illegal activities. Therefore, Subscriber agrees that CELESP may disclose any and all subscriber data including assigned IP numbers, account details and history, account usage etc. to any court who sends us a valid Court Order, without further notification or consent to the Subscriber. In addition, CELESP shall have the right to terminate all service describe in this Agreement.
10. Warranty Disclaimer:
You agree that your use of CELESP shall be at your exclusive risk. All services provided from CELESP are available as is, without warranty.
11. Indemnity statement:
CELESP wishes to emphasize that in agreeing to OUR Terms of Service, customer indemnifies CELESP for any violation of the Service terms that results in loss to CELESP or the bringing of any claim against CELESP by any third-party. This means that if CELESP is sued because of a client’s or a client of a client’s activity, the client will pay any damages awarded against CELESP, plus all charges and reasonable attorney’s fees.
You agree that CELESP may provide you with notices, including about changes to the Terms of Service via e-mail or postings on CELESP services.
13. Intact Agreement:
The Service terms (including all policies, amendments or guidelines that may be presented to you with the passage of time) constitute the intact agreement between you and CELESP and govern your use of CELESP services, superseding any previous agreements between you and CELESP for the use of our services.
14. Law and Forum Choice:
The Service terms and the connection between you and CELESP shall be governed by the laws of the United Kingdom without regard to its divergence of law provisions. You and CELESP agree to submit to the private and exclusive jurisdiction of the courts situated within the United Kingdom.
15. Waiver and Severability of service Terms:
The failure of CELESP to exercise or implement any right or stipulation of the Terms of Service shall not constitute a waiver of such right or stipulation. If any provision of the Service terms is found by a court to be invalid, the parties nonetheless agree that the court should endeavor to give result to the party’s intentions as reflected in the terms and the other stipulations of the Terms of Service remain in full force and effect.
16. Limitations Statute:
You agree that regardless of any law or statute to the contrary, any claim or action cause arising out of or related to use of CELESP services or the Service Terms must be filed within one year after such claim or cause of action arose or be forever barred.