LYCOSA WEB SERVICES USER AGREEMENT |
Introduction This User Agreement (“Agreement”) governs your purchase and use of any Lycosa Services (collectively called "Services"), ordered by you (“you” and/or “Customer”) on the order form (“Order Form”) and provided by Lycosa. The account set up with Lycosa through which the Services will be administered is referred to as your "Plan(s)". This Agreement explains the terms and conditions that apply to your purchase and the use of the Plan(s) and Lycosa’s Web site. This Agreement exists to define the agreement between you and Lycosa and to ensure that Lycosa’s customers are using Lycosa's Services with regard to the rights of other Internet users and in conformity with the requirements of Lycosa's network environment. Acceptable Use You are required to use Lycosa's Service(s) responsibly. This includes respecting the other customers of Lycosa. Subject to the terms and conditions of this Agreement, Lycosa grants you a non-exclusive, non-transferable, limited license to access, display and use our Services, Web sites and their contents. You shall comply with all copyright laws worldwide in your use of Lycosa’s Services and Web sites and prevent unauthorized copying of their contents. Except as provided in this Agreement, Lycosa does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information. Prohibited Use Lycosa servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. Examples of prohibited use include, but are not limited to:
Usage of Allotted Resources Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of sign-up (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Lycosa will monitor Customer's bandwidth and disk usage. Customer agrees that bandwidth allowances represent the sum of the incoming and outgoing allowances. Once a plan reaches the bandwidth allowance, the plan will automatically be suspended until the next calendar month or until the plan’s bandwidth allowance is upgraded. Bandwidth calculations are updated daily and are not in real time. Therefore, Customer agrees that the sum of incoming and outgoing bandwidth usage that exceeds the plan’s allowance shall be billed at £1.00 per GigaByte. Further, if Lycosa’s automated system fails to suspend a plan when reaching the plan’s bandwidth allowance, customer agrees be billed at £1.00 per GigaByte for each GigaByte of bandwidth usage in excess of the plan’s bandwidth allowance. Lycosa shall have the right to take corrective action if Customer's disk usage exceeds the Agreed Usage, including but not limited to deletion of all plan files, termination of this Agreement or suspension of Services. Such actions may be taken in Lycosa's sole and absolute discretion. Usage of Server Resources In order to preserve the integrity of Lycosa’s Services and provide Customers with Lycosa’s 99.9% uptime guarantee , Lycosa must be able to regulate its customers’ use of server resources. Therefore, Customer agrees that Customer shall not use excessive amounts of server resources (such as, but not limited to, CPU & Memory usage) on any of Lycosa's servers. Lycosa shall define “ excessive amounts of server resources” as using any form of server resource in a manner which noticeably hinders the quality of any service. Customer agrees to be held under strict liability for assuring reasonable server resource usage. Any violation of this policy will result in immediate account cancellation and imposition of an Administrative Fee of £50.00. Lycosa shall not refund to Customer any fees paid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. Lycosa reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. Mass Emailing Policy Each hosting plan is limited to sending no more than 200 emails in any 60 minute period. This policy is necessary to protect the quality of Lycosa’s hosting service, as mass emailing can consume excessive amounts of server resources, which negatively impacts the quality of hosting service other clients receive. First violations of this policy will result in an Administrative Fee of £25.00 and immediate account suspension. To be re-activated , the client must provide a written and signed statement stating “I have read, understood, and agree to Lycosa’s Mass Emailing Policy”. Any second violation of this policy will result in immediate account cancellation and imposition of an Administrative Fee of £100.00. Lycosa shall not refund to Customer any fees paid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. Lycosa reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. E-mail Spamming Prohibited “Spamming” includes the sending of unsolicited bulk and/or commercial messages over the Internet using Lycosa’s Services or through another ISP or IPP with a reference to Lycosa or a website hosted by Lycosa, maintenance of an open SMTP policy, and selling or distributing software (on a Web site residing on a Lycosa server) that facilitates the foregoing. Spamming is prohibited. Violators will be assessed a minimum fine of £200 and may have their Plan(s) terminated or suspended. Lycosa reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. System and Network Abuse Violation of system or network security is prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:
Fraudulent Content Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. - make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the Plans, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited. Violation of this Agreement If Lycosa becomes aware of any violation or threatened violation of this Agreement, Lycosa may pursue any remedies and take any action against you or your customers to stop or correct such violation, including, but not limited to, denying access to Lycosa's Services and equipment or to the Internet, removal of all or a portion of the information stored on Lycosa’s server, suspension of any and all Services, or termination of this Agreement. In the event Lycosa is required to suspend Services or terminate this Agreement, Lycosa shall not refund any of the Fees paid in advance of such corrective action. In addition, Lycosa may charge you for any costs or expenses it incurs as a result of the threatened or actual violation of this Agreement. You agree that Lycosa shall have no liability to you or any of your customers as a result of any corrective action Lycosa may take (including, without limitation, termination of Services). You are expected to cooperate with Lycosa in any corrective or preventive action that Lycosa deems necessary. Fees; Payment In consideration of the Services provided to you by Lycosa, you shall pay the service fees set forth in your Plan(s) (“Fees”). Lycosa offers 1 and 12 month terms. All Plans are prepaid and automatically renew for successive like periods unless terminated in accordance with this Agreement. All Fees must be paid in advance by cash, standing order or personal cheque. By establishing a Plan with Lycosa, you authorize Lycosa to automatically charge the Fees and any administrative or other fees provided for in this Agreement to your credit card or transfer money from your checking account via the transit and routing numbers you provide on the Order Form. You may discuss other payment arrangements with Lycosa’s Billing Manager by contacting us at www.lycosa.co.uk/contact.htm. You must notify Lycosa of any changes in your personal information (including, but not limited to the, billing address, account number or credit card or bank account, or expiration or cancellation of your card.). It shall be your sole responsibility to assure payment is received in full and on time. If payment is not collected by the date due, (1) your account will be suspended until payment is received in full, (2) a £5.00 late payment charge will be added to the invoice, and (3) Lycosa reserves the right to terminate your Plan(s). If a Plan is suspended for insufficient payment, you must contact Lycosa and arrange for immediate payment. Suspended accounts will continue to be responsible for the payment of fees. Accounts in default are subject to a service charge of 0.0767% ( or such other maximum amount permitted by law ) per day on the outstanding balance. Termination of Services shall not relieve customer from the obligation to satisfy outstanding amounts due and payable. In the event Lycosa utilizes an attorney and/or collection agency to collect any unpaid amounts, Customer shall be responsible for the payment of all of Lycosa's attorneys' fees, collection agency fees, and all other costs related to the collection of outstanding amounts. Service Level Guarantee Lycosa guarantees a 99.9% up time service level. If you are unable to obtain 99.9% access to your website, Lycosa will, on an as-requested basis, issue a pro rated credit to you for future services conditional upon your submission of proof that 99.9% up time was not achieved as documented by an industry recognized and reputable third party monitoring service such as that of Alertra.com service. This guarantee shall not apply in the event of Force Majeur (as described below), scheduled maintenance periods, inability to access applications or scripts running on the server or if customer’s account is not in good standing at the time of the outage. 30-Day Money Back Guarantee If you are not completely satisfied for any reason within the first 30 days of purchasing a hosting or reseller plan, you will be given a full refund of the fees paid in advance upon plan cancellation. The 30-Day Money Back Guarantee is only available to new customers and cannot be invoked by anyone who has ever previously been a customer of Lycosa or has been a customer of Lycosa for over 30 days. The following services are not covered by the 30-Day Money Back Guarantee and are non-refundable for any reason: additional items and services; domain name registration; dedicated servers; virtual dedicated servers; plan renewals; plan upgrades; plan term extensions; SSL certificates; and overage fees. To invoke the 30-Day Money Back Guarantee, you must cancel your plan exactly as outlined in the “Termination by Customer” section of this agreement within 30 days of purchase. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED OR AVAILABLE AFTER 30 DAYS OF PURCHASE. Refunds Refunds are only available in accordance with the 30-Day Money Back Guarantee. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED, OR AVAILABLE OUTSIDE LYCOSA'S 30-DAY MONEY BACK GUARANTEE. Credit Card Chargebacks Any Customer who initiates a chargeback on their credit card, (removal of Lycosa’s debit of your credit card account for Fees) will be subject to (1) an Administrative Fee of £100.00 per chargeback, (2) re-payment of the amount(s) originally charged to the credit card (3) and immediate termination of all Customer’s Plan(s). Term The term of this Agreement shall be as set forth in the Order Form, unless otherwise terminated under this Agreement. The Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive like periods unless terminated in accordance with this Agreement . The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". Termination by Customer All plans automatically renew until terminated. In order to terminate or cancel your plan, you must contact us in writing. Any attempts to cancel by phone, email, live chat, or any other method will be rejected and billing will continue until these instructions have been followed. Please be aware that there are absolutely no refunds available outside the 30-day money back guarantee. Termination requests must be received a minimum of SEVEN (7) days prior to the end of your plan's term to prevent automatic renewal . If a plan has already been renewed, there are absolutely no refunds available for any reason. Lycosa is unable to cancel your account effective for a future date. Knowledge and Expertise Use of the Plan(s) requires a certain amount of knowledge of Internet programming Languages, protocols and software, and other technological information. By establishing a Plan, you or your webmaster represent that you have the knowledge necessary to maintain your web site. Lycosa will not advise, teach, supply or provide any such knowledge or customer support outside of the scope of the Plan(s). Lycosa/Customer Communications Customer shall direct all communications via email in the first instance. Ownership of Website You have previously developed, planned and created source and object code for purposes of creating an operational Web site (collectively, the “Website”). The Website is owned exclusively by you or your agents. In the event a dispute arises over ownership of your web sites and/or the Plan established with Lycosa, you agree to fully comply with any and all of Lycosa’s security measures. Internet Protocol (IP) Address Ownership During the Term of this Agreement, Lycosa may provide you with a restricted license to use an Internet Protocol ("IP") address. You may use the IP address only as provided by Lycosa. Lycosa shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by Lycosa, and Lycosa reserves the right to change or remove any and all such IP numbers and addresses, in its sole and absolute discretion. Employee Solicitation You agree NOT to approach Lycosa's employees with any offer to hire them as your own employees or contractors. If you hire any of Lycosa's employees, you agree to pay Lycosa the greater amount of such employee’s three year salary or £100,000. Advertising & Marketing You agree that during the term of this Agreement Lycosa may publicly refer to you, orally and in writing, as a customer of Lycosa. Any other public reference requires your written consent. Warranties and Representations You warrant and represent to Lycosa that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this Agreement; (3) you will use the Plan(s) only for lawful purposes and in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Plan(s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Plan(s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance. Disclaimers and Limitations You expressly agree that the use of Services or any information provided by Lycosa is at your sole risk. Neither Lycosa, nor its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site or the Services provided will be uninterrupted or error-free; nor does Lycosa make any warranty as to the results that may be obtained from the use of the Services. THE SERVICES, WEB SITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN "AS IS," “WHERE AVAILABLE” BASIS. LYCOSA AND ITS PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, WEB SITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEB SITES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Limitation of Liabilities YOU AGREE THAT NEITHER LYCOSA NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES, MATERIALS, CONTENT, OR INFORMATION ON ITS SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL LYCOSA OR ANY OF ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, MATERIALS, CONTENT OR INFORMATION PROVIDED BY Lycosa OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON LYCOSA’S SITES, YOUR USE OF, OR INABILITY TO USE LYCOSA’S SERVICES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER Lycosa OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Notwithstanding anything to the contrary in this Agreement, Lycosa's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi- contract, statutory or otherwise) shall not exceed the actual sterling amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The terms of this section shall survive any termination of this Agreement. Indemnification Customer shall defend, indemnify and hold harmless Lycosa, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the "Indemnitees"), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable solicitors' fees) which any of the Indemnitees may suffer, incur or sustain resulting from or arising out of (i) Customer's breach of any representation, warranty, covenant or agreement contained this Agreement or any other agreement incorporated by reference, (ii) Customer’s information stored on Lycosa’s server, the Customer’s web site or an end user's use of the such information or the Customer’s web site, (iii) violation by Customer or any of its officers, directors, employees or agents of any applicable law, rule, regulation or order, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of the Customer’s information or the use in connection with services, software or information not provided by Lycosa, (v) claims or actions by third parties relating to or arising out of Customer's use of the Services, and (vi) any failure of Customer’s information or any aspect of the Customer web site to be compatible with the hardware or software used by Lycosa to provide the Services, including any damage to Lycosa’s servers or other hardware caused thereby. The terms of this section shall survive any termination of this Agreement. Limitations of Claims Any cause of action you may have with respect to your use of Lycosa’s Services, Web sites or other information must be commenced within one (1) year after the claim or cause of action arises. Disclosure Lycosa may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc.), usage history or other material contained on Lycosa's system in order to abide by any applicable laws, lawful governmental requests, to protect Lycosa's systems and customers, or to provide and protect the quality, functionality, and integrity of Lycosa's business and equipment. Compliance with Law You agree that when using the Services you shall comply with all applicable laws and regulations. You shall not use the Plan(s) or the Services in any way that violates UK export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by UK law. Severability In the event that any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal or unenforceable, such provision shall be deemed severable and severed from this Agreement and the remaining provisions hereof shall remain in full force and effect between the parties. Copyright or Trademark Infringement The information provided by Lycosa through the use of Services, including all images, designs, photographs, writings, graphs, data, and other materials (“Lycosa Contents”), as well as the collection, arrangement and assembly of the Lycosa Contents, are the exclusive property of Lycosa and is protected by international and United Kingdom copyrights, trademarks, trade secrets, and/or other proprietary rights. Lycosa Contents may not be used in connection with any other product or service. Any use of the Lycosa Contents, other than as set forth in this Agreement, including reproduction for purposes of modification, distribution, or republication without Lycosa’s prior written consent, is strictly prohibited. Lycosa acknowledges the rights of third parties whose trademarks or registered trademarks are referenced at its Web sites. Waiver No waiver of any obligation, representation or warranty shall be effective unless in a writing signed by the party to be charged. The parties waive the application of the doctrines of promissory and equitable estoppel. The mere delay in enforcement of a right shall not be a waiver of a default. No waiver by a party of any breach, default or violation of any provision of this Agreement shall constitute a waiver of any subsequent breach, default or violation of the same or other provision of this Agreement. A waiver shall be narrowly construed. Acceptance of partial performance or payment shall not constitute a waiver or an accord and satisfaction whether or not there is a dispute between the parties. A party may unilaterally waive any condition of which it is the only beneficiary. Assignment You may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without the prior written consent of Lycosa. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Lycosa may assign its rights and obligations under this Agreement, and may engage subcontractors or agents to perform its duties and exercise its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. No Third-Party Beneficiaries Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement. Minimum Age Requirement Lycosa customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept this Agreement in order for the Minor to become an Lycosa customer. A parent or guardian who accepts this Agreement on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with this Agreement, including the timely and full payment of the charges for Lycosa services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Lycosa's express written consent to the contrary. Force Majeure Lycosa will not be liable for delays in its performance of this Agreement or provision of Services which are caused by circumstances beyond Lycosa's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Lycosa will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Independent Contractors Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Lycosa and its customers. Each of Lycosa and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein. Construction and Interpretation Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of this Agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of this Agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of this Agreement. Governing Law; Jurisdiction Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by English Law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A ENGLISH COURT LOCATED IN ENGLAND, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. Entire Agreement This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any document, correspondence or other communication, of Customer or Lycosa, the terms and conditions of this Agreement shall control unless otherwise set forth in this Agreement. Modification Lycosa may change or modify any of the terms and conditions contained in this Agreement, including any policy or guideline incorporated by reference, at any time, and you agree to be bound by the revised terms of this Agreement. Any such modification will become effective upon the date they are first posted on this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Lycosa does not and will not assume any obligation to notify you of the changes to this Agreement. Your continued use of Lycosa's Plan(s) will be the reflection of your cooperation and acceptance of any changes or modifications. Complaints If you believe that another customer has violated this Agreement, please send communication to Lycosa's abuse via email to abuse@lycosa.co.uk. Acceptance By clicking the following checkbox (also known as Acceptance Checkbox) you acknowledge that you have read this User Agreement and agree to be bound by the terms and conditions contained in this document as well as all policies and guidelines incorporated by reference. You further agree that the act of submitting your Order Form online is equivalent to your signature and agree that all the information you submit online is true and correct to the best of your knowledge.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS. |