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Terms & Conditions

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Terms & Conditions For Open Source Server

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General

Please read these terms and conditions before using our Open Source server.

These terms & conditions must be read in conjuction with our main T&Cs which can be found here.

By using this partition, you, the client, signify your consent to these terms of use. If you do not agree to these terms of use, please do not use this service.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check this page periodically for changes.

FormaServe has the rights to remove this service at anytime without any notice period, should cirmumstances warrant this.

It is our policy to respect the privacy of all our clients. Therefore, FSS will not disclose any sensitive information, unless required in the course of normal maintenance of the FSS’ website and its systems or unless required to do so by law or in good- faith believe that such action is necessary to:

  • Comply with the law or comply with legal process served on FSS
  • Protect & defend the rights or property of FSS
  • Act in an emergency to protect the personal safety of our clients or the public

Payment

All prices are excluding VAT, which will be billed at current rate.

An invoice will be issued and payment will be required in advance of usage on a monthly, quarterly or yearly basis.

Client Responsibilities

Before this partition can be accessed, the client must register their interest with FSS and be issued with log on details.

The client agrees that it is their responsibility that the partition is only used for lawful purposes and that they:

  • Will not authorise or permit any other party to use the Server in violation of any law or regulation.
  • Will not knowingly or recklessly post, link to or transmit: neither any material that is unlawful, threatening, abusive, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way nor any material containing a virus or other hostile computer program
  • Will not post, link to or transmit any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction
  • Will conform to the standards made available by FSS Ltd from time to time and will not make excessive or wasteful use of the Server to the detriment of FSS Ltd
  • Warrant, undertake and agree to keep secure any identification, password and other confidential information relating to the partition and to notify FSS Ltd of any known or suspected unauthorized use of the partition, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of any password information.
  • Furthermore, clients are entirely responsible for any and all activities that occur under their account and agree to indemnify, defend, and hold harmless the providers for any liability or expense arising from such use or misuse.
  • The client should take all reasonable precautions against any Hacker gaining access to their system, e-mails or web site. If such an attack is detected they are required to inform FSS Ltd as soon as possible

It is also the clients sole responsibility to implement such backup procedures as he/she sees fit. FSS Ltd does not take any responsibility for the loss of material due to a failure of the client to undertake sufficient backups.

Usage

Usage will be governed by the package chosen by the client.

FSS Ltd reserves the right to monitor usage and disc space, and will use best endeavours to meet any reasonable demands on the system, however FSS Ltd reserves the right to implement restrictions on available Disc space in order to protect system integrity.

Commercial Use

This service may be used by any registered client for the purposes of the development/learning of Open Source material only.

Use of this Partition for commercial gain or exploitation is NOT allowed including consultancy or other short term services.

Note "commercial exploitation" is the use of the service for monetary gain either by an institution or an individual. Any such use must be a matter for written agreement between FSS and the Licensee for an agreed fee.

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