1.1 Welcome to BudgetNode. BudgetNode provides a variety of web hosting services.
1.2 These terms and conditions shall govern your use of BudgetNode.
1.3 By using BudgetNode, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use BudgetNode.
1.4 If you register with BudgetNode, submit any material to BudgetNode or use any of BudgetNode services, BudgetNode will ask you to expressly agree to these terms and conditions.
2. Copyright notice
2.1 Copyright (c) 2017 BudgetNode.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in BudgetNode and the material on BudgetNode; and
(b) all the copyright and other intellectual property rights in BudgetNode and the material on BudgetNode are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from BudgetNode in a web browser;
(b) download pages from BudgetNode for caching in a web browser;
(c) print pages from BudgetNode;
(d) stream audio and video files from BudgetNode; and
(e) use BudgetNode services by means of a web browser, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from BudgetNode or save any such material to your computer.
3.3 You may only use BudgetNode for your own personal and business purposes, and you must not use BudgetNode for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on BudgetNode.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from BudgetNode (including republication on another website);
(b) sell, rent or sub-license material from BudgetNode;
(c) show any material from BudgetNode in public;
(d) exploit material from BudgetNode for a commercial purpose; or
(e) redistribute material from BudgetNode.
3.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 BudgetNode reserve the right to restrict access to areas of BudgetNode, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on BudgetNode.
4. Acceptable use
4.1 You must not:
(a) use BudgetNode in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use BudgetNode in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use BudgetNode to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to BudgetNode without our express written consent;
(e) access or otherwise interact with BudgetNode using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for BudgetNode; or
(g) use data collected from BudgetNode for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from BudgetNode to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through BudgetNode, or in relation to BudgetNode, is true, accurate, current, complete and non-misleading.
5. Registration and accounts
5.1 You may register for an account with BudgetNode by completing and submitting the account registration form on BudgetNode, and clicking on the verification link in the email that the website will send to you.
5.2 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.3 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
5.4 Upon registering, you automatically agree to receive marketing emails from BudgetNode about new offers and promotions. An unsubscribe link will be provided in all emails if you wish to opt-out.
6. User IDs and passwords
6.1 If you register for an account with BudgetNode, BudgetNode will provide you with / you will be asked to choose a user ID and password.
6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on BudgetNode arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 BudgetNode may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details, at any time in our sole discretion without notice or explanation.
7.2 You may cancel your account on BudgetNode by sending us a cancellation request.
8. Your content: licence
8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or BudgetNode for storage or publication on, processing by, or transmission via, BudgetNode.
8.2 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if BudgetNode reasonably suspect that you have breached these terms and conditions in any way, BudgetNode may delete, unpublish or edit any or all of your content.
9. Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must
(a) be libellous or maliciously false;
(b) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(c) infringe any right of confidence, right of privacy or right under data protection legislation;
(d) constitute negligent advice or contain any negligent statement;
(e) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(f) be in contempt of any court, or in breach of any court order;
(g) be in breach of racial or religious hatred or discrimination legislation;
(h) be in breach of official secrets legislation;
(i) be in breach of any contractual obligation owed to any person;
(j) depict violence, in an explicit, graphic or gratuitous manner;
(k) be pornographic, lewd, suggestive or sexually explicit;
(l) be untrue, false, inaccurate or misleading;
(m) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(n) constitute spam;
(o) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
10. Limited warranties
10.1 BudgetNode do not warrant or represent:
(a) the completeness or accuracy of the information published on BudgetNode;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10.2 BudgetNode reserve the right to discontinue or alter any or all of BudgetNode services, and to stop publishing BudgetNode, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if BudgetNode stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, BudgetNode exclude all representations and warranties relating to the subject matter of these terms and conditions, BudgetNode and the use of BudgetNode.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 To the extent that BudgetNode and the information and services on BudgetNode are provided free of charge, BudgetNode will not be liable for any loss or damage of any nature.
11.4 BudgetNode will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 BudgetNode will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 BudgetNode will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 BudgetNode will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that BudgetNode have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that BudgetNode are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if BudgetNode reasonably suspect that you have breached these terms and conditions in any way, BudgetNode may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to BudgetNode;
(c) permanently prohibit you from accessing BudgetNode;
(d) block computers using your IP address from accessing BudgetNode;
(e) contact any or all your internet service providers and request that they block your access to BudgetNode;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on BudgetNode.
(h) Request financial compensation directly due to the damages caused.
12.2 Where BudgetNode suspend or prohibit or block your access to BudgetNode or a part of BudgetNode, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13.1 BudgetNode may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of BudgetNode from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
14.1 You hereby agree that BudgetNode may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Third party rights
16.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
17. Entire agreement
17.1 Subject to Section 11.1, these terms and conditions, shall constitute the entire agreement between you and us in relation to your use of BudgetNode and shall supersede all previous agreements between you and us in relation to your use of BudgetNode.
18. Law and jurisdiction
18.1 These terms and conditions shall be governed by and construed in accordance with the laws of the United Kingdom.
18.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.
19. Payments & Billing
19.1 All invoices generated are payable and non-payment may result in service termination and a late fee may be added.
19.2 BudgetNode offers refunds within 24 hours of first order (19.3 applies). Within 7 days of first order (19.3 applies), a partial refund will be offered, covering payment vendor fees.
19.3 Refunds will only be provided if the service you received is not as described. This will be decided at the discretion of management.
19.4 No refunds will be considered if a payment is disputed with our payment vendors. We reserve the right to terminate your services and close your account without refund should you dispute a payment.
19.5 If your service is suspended for breaking these terms in the 7 day period we reserve the right to refuse you a refund.
19.6 The customer is responsible for maintaining any subscriptions, pre-approved payments, and billing agreements which send BudgetNode payments at a set interval. BudgetNode will not be held responsible for these funds being sent to us after service is cancelled. Any refunds due will be the net amount only, after any transaction and/or payment vendor fees.
19.7 Bitcoin payments are not eligible for refunds.
20. Accepted Use
20.1 BudgetNode services must be used for lawful purposes only.
20.2 We do not allow:
(a) Anything that may cause excessive server load. Applications that use 100% of CPU on a constant basis are not permitted.
(b) Illegal or pirated content
(c) Email marketing, spamming or bulk mailing of any kind
(d) Gambling or fraudulent sites
(e) Adult sites and pornography
(f) The use of our services for DoS attacks, port scanning, TOR exit nodes, botnets and open proxies
(g) Mining software for virtual currencies
(h) Traffic Exchange and Hitleap
21.1 BudgetNode services are provided as-is with no guarantees.
21.2 BudgetNode disclaims any warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by BudgetNode and its employees or providers.
22. Our details
22.1 This website is owned and operated by Access Internet Ltd.
22.2 Our principal place of business is at Apt 3357, Chynoweth House, Trevissome Park, Truro, TR4 8UN.
22.3 You can contact us by writing to the business address given above, or by using BudgetNode ticket system. Alternatively send us an email.