Terms and conditions

PLEASE COMPLETELY READ THESE TERMS OF USE BEFORE USING THIS SITE OR SERVICES.

By using this site or services provided by ESUK, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the site. “ESUK” Elite Systems UK reserves the right, at its discretion, to add, change, modify, or remove portions of these terms at any time. Please check these terms regularly for changes. Your continued use of “ESUK” Elite Systems UK following the posting of any changes to these terms will mean you accept those changes.

By using this site you expressly agree that use of “ESUK” Elite Systems UK is at your sole risk. Neither “ESUK” Elite Systems UK, nor its affiliates, nor any of its officers directors, or employees, agents, third-party content providers, licensers, sponsors, merchants, or the like, warrant that “ESUK” Elite Systems UK will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of “ESUK” Elite Systems UK and its services, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through “ESUK” Elite Systems UK.

DISCLAIMER

“ESUK” Elite Systems UK is provided on an “as is,” “as available” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by “ESUK” Elite Systems UK nor its affiliates, nor any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, shall create a warranty; nor shall you rely on any such information or advice.

Under no circumstances shall “ESUK” Elite Systems UK or any other party involved in creating, producing, or distributing “ESUK” Elite Systems UK be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use “ESUK” Elite Systems UK, including but not limited to reliance by you on any information obtained from “ESUK” Elite Systems UK or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to “ESUK” Elite Systems UK’s records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through “ESUK” Elite Systems UK. Due to the fact that some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. “ESUK” Elite Systems UK may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

“ESUK” Elite Systems UK makes no representations whatsoever about any other web site which you may access through this one. When you access a non-”ESUK” Elite Systems UK web site, please understand that it is independent from “ESUK” Elite Systems UK, and that “ESUK” Elite Systems UK has no control over the content on that web site. In addition, a link to a non-”ESUK” Elite Systems UK web site does not mean that “ESUK” Elite Systems UK endorse or warrants in any way whatsoever or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. By using a hyperlink on the “ESUK” Elite Systems UK web site you agree to accept full responsibility for use of the hyperlink.

LIMITATION OF LIABILITY

Under no circumstances whatsoever shall “ESUK” Elite Systems UK be liable for any loss of data, lost profits or any damages including, without limitation, any indirect, special, incidental, consequential or other damages that result from the use of, or inability to use, the materials in this site, even if “ESUK” Elite Systems UK or a “ESUK” Elite Systems UK authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, in no event shall “ESUK” Elite Systems UK’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site or any of its products or services. By using this site you agree to hold “ESUK” Elite Systems UK harmless in all capacities to the fullest extent allowable by law.

CONTENT PROPRIETARY RIGHTS

You(“User”) acknowledge that “ESUK” Elite Systems UK contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and “ESUK” Elite Systems UK owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, User may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see e.g. 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

THIRD PARTY CONTENT

“ESUK” Elite Systems UK has no editorial control over third party content. Any opinions, advice, statements, services, offers, or other information that constitutes part of content expressed or made available by third parties, including providers, merchants, sponsors, licensers, or any other user of “ESUK” Elite Systems UK, are those of the respective authors or distributors and not of “ESUK” Elite Systems UK or its affiliates or any of its officers, directors, employees, or agents. Neither “ESUK” Elite Systems UK nor its affiliates, nor any of its officers, directors, employees, or agents, nor any third party, including any provider, merchant, sponsor, licenser, or any other user of “ESUK” Elite Systems UK, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through “ESUK” Elite Systems UK represents the opinions and judgments of the respective provider, merchant, sponsor, licenser, or user not under contract with “ESUK” Elite Systems UK.

“ESUK” Elite Systems UK neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on “ESUK” Elite Systems UK by anyone other than authorized “ESUK” Elite Systems UK employees. Under no circumstances shall “ESUK” Elite Systems UK, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by a user’s reliance on information obtained through “ESUK” Elite Systems UK. It is the responsibility of user to evaluate the information, opinion, advice, or other content available through “ESUK” Elite Systems UK.

DISTRIBUTION OF THIRD PARTY CONTENT

Except as set forth in CONTENT PROPRIETARY RIGHTS above, you may upload to or otherwise distribute on “ESUK” Elite Systems UK only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the you to criminal prosecution as well as personal liability for damages in a civil suit. You, not “ESUK” Elite Systems UK, nor its affiliates, nor any of its officers, directors, employees, agents, Merchants, Providers, Sponsors, Licensers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted “ESUK” Elite Systems UK the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on “ESUK” Elite Systems UK retains any and all rights which may exist in such Content.

“ESUK” Elite Systems UK’s RIGHTS

“ESUK” Elite Systems UK’s rights include but are not limited to the below paragraphs. “ESUK” Elite Systems UK may elect to monitor any areas of the site or any of its services and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or government request or if such disclosure is necessary or appropriate to operate “ESUK” Elite Systems UK or to protect the rights or property of “ESUK” Elite Systems UK, its visitors, sponsors, providers, licensers, or merchants.

“ESUK” Elite Systems UK is not responsible in any way whatsoever for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, “ESUK” Elite Systems UK may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from “ESUK” Elite Systems UK.

“ESUK” Elite Systems UK reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, “ESUK” Elite Systems UK, or any rights of “ESUK” Elite Systems UK or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither “ESUK” Elite Systems UK nor its providers, merchants, sponsors, or licensers can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither “ESUK” Elite Systems UK, nor its affiliates, nor any of its officers, directors, employees, or agents, nor provider, merchant, sponsor, or licenser shall assume liability for any action or inaction with respect to conduct communication, or content on “ESUK” Elite Systems UK.

Uptime Limitations:

100% Uptime Guarantee: Applies to ESUK premium accounts only.
This means 100% network uptime/access to your website only, not including other services eg sql/imap ect.
You must report any downtime claims within 7 days of experiencing any downtime by contacting us.
We will check our own logs and use our 3rd party monitor “pingdom” to assess if the claim in valid.
If found to be valid 1 months account credit will be awarded per outage.
repeated false claim may lead to account downgrade to a service without the 100% uptime guarantee.

Limitations:

The Service is subject to the following limitations:
CPU Resources. User acknowledges that the Service is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the “ESUK” Elite Systems UK server, including without limitation, use of highly active CGI or PHP scripts or chat scripts.
Reselling. User may not resell any part of our service to others.
User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:
any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
hate propaganda;
racist, threatening, or otherwise abusive content;
child pornography;
the promotion or incitement of, or instruction for, the commission of illegal activities;
mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;
content promoted through the sending of unsolicited e-mail (also known as spamming);
sending of unsolicited e-mail (spam) from the “ESUK” Elite Systems UK server, or any other server that refers to content on the “ESUK” Elite Systems UK server, or sending such e-mail with a “ESUK” Elite Systems UK ’ hosted Web site listed as the contact address;
any sort of mass mailing where our server is used as the source of the mail;
warez, cracks, hacks, spam software & their associated utilities;
information or other material that contains a virus, corrupted data or any other harmful or damaging component;
Idem. User agrees that “ESUK” Elite Systems UK is not responsible for content on pages hosted on member sites and acknowledges that “ESUK” Elite Systems UK does not endorse or verify any such material.
Idem. User agrees to assume full responsibility for all files associated with the Site and acknowledges that User may be held legally for the contents of the Site. This includes but is not limited to violations made by your friends/relatives/hostees and server compromises due to insecure scripts you are running.
Backup and Monitoring. User is solely responsible for creating backups of any files associated with the Site and for monitoring the Site.
Notice to Officials. If “ESUK” Elite Systems UK determines that law enforcement officials should be notified regarding potentially illegal content on the Site, User agrees that “ESUK” Elite Systems UK may provide copies of User’s web pages to the appropriate officials without notice to user. “ESUK” Elite Systems UK will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by “ESUK” Elite Systems UK anywhere on the site www.”ESUK” Elite Systems UK

This agreement shall be governed by and construed in accordance with the laws of the United States without regard to choice of law rules. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Any content that is listed above will result in your account being disabled, with or without notice.

SPAM & UNSOLICITED EMAIL

“ESUK” Elite Systems UK has a strict anti-spam policy.
Before sending any mass mailing from your account, or any mass mailing advertising your website please contact us if you are unsure if your email would be considered spam.
A good guide to what is spam is that any email or advertisement that the recipient did not request is spam.
If you run a mailing list be sure to include in the EMAIL BODY the reason the user is receiving your email.
Where available the following should also be included in the email body: The date of subscription, the IP address of the subscriber, the email address, the URL to your website, the subscribers name & address, the subscribers username/password for membership of your website.
Alot of incorrectly reported spam is reported because the subscriber simply forgot he subscribed to your website, including the above information in the email body will help remind the recipient that (s)he signed up for your mailing list.
It is not permitted to install a script of any kind in your account to send bulk email from our server or which would show our servers IP address as the source of the email for any purpose.

TERMINATION OF THIS AGREEMENT

This agreement is effective until terminated by either party.

You may terminate this agreement at any time.
Your account will be closed immediately upon us receiving a cancellation request (this includes ‘unsubscribing’ to paypal subscriptions) and any unused time will not be refunded. A cancellation is deemed received when we notify you by replying to the cancellation request that it is completed.
You should allow 7 days for a cancellation request to be processed, if you submit a cancellation request less then 7 days before your account is due to be renewed we cannot guarantee that your request will be processed before the next billing period.
All cancellation requests must be made to support@elitesystesmuk.com any other method will not be accepted.
Please do not reply to the sales receipt emails with cancellation requests as usually these sales receipts are sent from a not-existent mailbox

“ESUK” Elite Systems UK shall have the right to immediately terminate this Agreement with respect to any user which “ESUK” Elite Systems UK, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. “ESUK” Elite Systems UK may terminate this agreement at any time and without notice to you. Upon termination, you must destroy all materials received from “ESUK” Elite Systems UK.

In addition, by providing material on our web site, we do not in any way promise that the materials will remain available to you. “ESUK” Elite Systems UK is entitled to terminate all or part of any of its site or services at any time, without notice to you.

In the event of a breach of our Limitations (see above) by you, “ESUK” Elite Systems UK is not required to provide you with any backups of your account.
A £99 fee retrieval fee will be charged should you need us to provide you with a backup of your account which was suspended.

It is our policy to suspend accounts which request cancellations or breach our conditions for a few days to allow us to reach an agreement with you.
Any account which is suspended for more than 14 days without any contact from you will be cancelled and deleted from our servers.

All payments to “ESUK” EliteSystemsUK are non-refundable*.
*Unless otherwise stated.

ACKNOWLEDGMENT

This Agreement represents the entire understanding between you and “ESUK” Elite Systems UK regarding your relationship with “ESUK” Elite Systems UK and supersedes any prior statements or representations. You signify your assent to be bound by this agreement by using the “ESUK” Elite Systems UK web site.