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The following Terms and Conditions for the purchase of the EWI - Earning With Internet and related marketing system offered by Computer Studio have been last updated on 28 February 2010 and constitute a "distance-selling" agreement according to the Consumer Protection (Distance Selling) Regulations 2000 in force in the United Kingdom and are also fully compliant with the 97/7/CE European Directive whose purpose is to protect the consumer.
To the extent that the Client is deemed to be a consumer (as defined by the Unfair Contract Terms Act 1977) then these Conditions will not affect the rights of the Client as a consumer and will apply to the extent that applicable law allows.
ART. 1: DEFINITION OF THE PARTIES.
"The Customer": the customer of pur products as well as the member of the marketing plan matrix
"The Company": Computer Studio, whose registered office is at 2 Sandy Road, Bedford, Bedfordshire, MK41 9TH, United Kingdom.
ART.2 : IMPLICIT ACCEPTANCE AND ACCOUNT OPENING
The Customer has the sole responsibility to read these Terms and Conditions in full, as they regulate the business relationship between the parties and highlights rights and duties for both.
The purchase of the EWI - Earning With Internet hosting and membership with our matrix-based Marketing System is subject to the full implicit acceptance of these Terms and Conditions.
On submitting an order for the purchase of any of our products, therefore requesting an account to be open in his name, The Customer acknowledges that he has read, understood and accepted in their entirety the Terms and Conditions herein.
ART. 3: DEFINITION OF THE TERM "HOSTING"
With the term "hosting" we mean the supply of a portion of disk space of a powerful computerized storage system, constantly connected to the Internet through high speed fast fiber optic connections. The hosting service allows anybody to publish a website on the Internet also benefitting from other included features such as e-mail and/or other multimedia services such as an electronic database.
ART. 4: RESPONSIBLE USE OF THE ACCOUNT
In order to ensure the full integrity of our systems and the related resources, we expect The Customer to utilize the services provided by Computer Studio through the EWI - Earning With Internet marketing system in a responsible way.
We will promptly report to The Customer any breach of these Terms and Conditions by e-mail and we reserve the right to suspend or disable access to any or all of the services without any right on the part of The Customer to claim any compensation whatsoever if, upon careful investigation, we have reason to believe that the account and related purchased services have been repeatedly used in an inappropriate fashion.
Our decision on what action we deem necessary to take is final and cannot therefore be disputed or challenged.
ART. 5: ABUSE OF THE SERVER
Whatever attempt to cause any tangible or intangible damage to our server is strictly prohibited and, upon our careful investigation on the matter, will incur in the immediate cancellation of The Customer's account and related services without any right on the part of The Customer to claim any compensation whatsoever.
We reserve the right to report the results of our investigation to the relevant authorities for possible prosecution on their part.
Our decision on what action we deem necessary to take is final and cannot therefore be disputed or challenged.
ART. 6: UNAUTHORIZED USE OF COMPUTER SYSTEMS AND/OR THIRD PARTY ACCOUNTS
The Company reserves the right to legally prosecute against any unauthorized use or attempt to use the account and/or related purchased service illegally.
The unauthorized illegal use can include, as example, internet password scanning or spoofing to steal or attempt to steal private information, bug hunting, brute force attacks, exploits, etc.
Whatever use or attempt to use a computer system (whether it deals with ours or any other third party's) will result in The Company reporting the violation to The Customer and, in extreme cases, at our sole discretion, the suspension or cancellation of the account and related services without notice, without without any right on the part of The Customer to claim any compensation whatsoever.
We reserve the right to report the results of our investigation to the relevant authorities for possible prosecution on their part. Our decision on what action we deem necessary to take is final and cannot therefore be disputed or challenged.
ART. 7: PROHIBITED WEB SITE CONTENTS
The Customer agrees, in harmony with the current legislation, to ensure that in no way, shape or form, in BOTH public AND private areas of his website there are no page contents (both graphical and/or textual) which:
- may be deemed offensive and contrary to public order;
- cause a direct or indirect damage to anybody;
- are in direct breach of the laws of any EU member state or any other country. In case of sever breach of law, the pages will be taken offline and the person/s responsible for the breach reported to the relevant authorities.
In particular, as a way of example and NOT in an exhaustive list, we do not accept, with NO EXCEPTION, the following contents:
- pages with contents related to the sexual pervesion knows as paedophilia (centering one's own sexual desire on children);
- pornographic explicit or non explicit content with imagery portrying acts of sexual intercourse or fully or partly naked people or bestiality in whatever shape or form, including erotic tales, photos, drawings, movies, etc.;
- pages containing any form of racism and or apology or celebrations of any crime relating to racism and/or social discrimination.
We also do not allow the following contents:
- religious content of whatever faith or denomination, even if relating to the life and works of anyone who can be related to whatsoever religion;
- political creed which leads to intolerance, sectarianism, extremism or fanatism;
- of satanic, occult, esoteric, spiristic content or anything relating to divination, astrology and omens;
- content revealing industrial secret and material classified as reserved and/or top secret destined for a private, non public consultation;
- containing virus or hazardous software, cracks, key generators, serial numbers, applications aiming to damage the integrity of third party resources or aiming to steal private data;
- contenents or extracts of copyrighted material and or contents whose trademark belongs to a third party (such as illegal music, movies, software, etc.);
Music files or movies will be allowed published only in case the member distributing such files through the Internet can prove, upon request, to be the owner of the copyright for each and every file uploaded.
We expect The Customer to accept and observe the common sense rules of behaviour on the Internet commonly known as "Netiquette"as highlighted here: http://en.wikipedia.org/wiki/Netiquette
ART. 8: BANNED SCRIPTS.
For security reasons we do not allow the execution on our server of any of the following scripts: Proxy
Servers, nph-proxy, The Anonymizer, UltimateBB, Ikonboard, Greymatter
(all versions), IRC Egg Drops & IRC related software
(chat software), formmail.pl (we can supply you with a valid alternative in the domain control panel), lstmrge.cgi, as well as any script which utilizes or processes an excessive number of flatfiles or great flatfiles databases.
ART.9: EXCESSIVE LOAD ON THE SERVER
In order to guarantee that the service be available to all our customers, we expect that The Customer using the EWI - Earning With Internet hosting plan follows a fair usage policy, namely to only use the hosting space and related sources for a web site or content fit for a shared hosting server. This implies that The Customer commites himself not to place excessive load on the server resources or consume excessive RAM space which is meant to be shared across all users.
In case, at our sole and unchallengeable discretion, an account of a specific customer generates an excessive and unreasonable load on the server resources (for instance such as excessive contemporary upload and download of multiple files, excessive multiple simultaneous database queries on the server, etc.), we reserve the right to request that the excessive load on the server and/or excessive use of resources be immediately brought back to acceptable levels fit for a shared hosting package. Should that request not be observed for more than 2 (two) consecutive times, we reserve the right to suspend the account, without any right on the part of The Customer to claim any compensation whatsoever, until our engineers acknowledge that the excessive load and/or use of resources has been permanently lowered to acceptable levels.
Our decision on what action we deem necessary to take is final and cannot therefore be disputed or challenged.
ART. 10: SERVER UPTIME LEVEL AND DOWNTIME
Owing to the very nature of the software and of the Internet, it is not possible to guarantee that The Customer's site be avialable and fully working 24/7.
Even if extremely rare, there could be emergency maintanance situations which may just present themselves. In other occasions, we may need to carry out planned maintainance or upgrades. In such a case, we will endeavour to give The Customer sufficient notice of the expected downtime, usually at off-peak times.
In no case whatsoever shall The Customer be entitled to any compensation due to such planned or unplanned downtime.
ART. 11 UNSOLICITED COMMERCIAL EMAIL (SPAM)
We have a zero tolerance policy regarding UCE and spam messages. Should we receive a report or find out upon investigation that The Customer has been found out responsible for sending unsolicited commercial email, the hosting account and related services will be immediately suspended and, in severe cases even terminated without notice and with no right whatsoever on the part of The Customer to claim for any refund or compensation whatsoever.
Our decision on the matter shall be considered final and unchallengeable.
ART. 12: PAYMENTS AND CONTRACT RENEWAL
The EWI - Earning With Internet is to be intended PREPAID with annual payment in advance WITHOUT tacit renewal. Therefore, The Customer has the SOLE RESPONSIBILITY and the duty to ensure, should he wish to renew the hosting package upon expiry, that the payment for renewing the account reaches us NO LATER THAN than 5 (five) working days before the annual expiry date, in order to give The Company sufficient notice to safely renew the account with no service interruption.
We reserve the right to change the price list at any given moment, subject to informing The Customer with at least 30 days notice. In that case, the new price shall be in effect only from the following renewal date.
Being all or accounts prepaid, for the second and subsequent year of renewal the renewal request will be sent with sufficient notice to The Customer using the e-mail addressed stored on our Member database. The Internet domain and the related services will be renewed ONLY upon prior receipt of the renewal payment NO LATER than 5 (five) working days before the expiry date, with no exception whatsoever.
For this reason, it is The Customer's SOLE RESPONSIBILITY to download his email messages regularly as well to ensure that the email address stored in our database through the Member Area be up to date and valid at all times, as that will be the ONLY means The Company will use to send all communications.
In no case shall The Company be considered liable for any downtime or failure of The Customer's web site as well as any related service offered through the EWI - Earning With Internet hosting plan, nor for any commision earnings lost as a result of late or missing payment due to The Customer's negligence nor shall The Company be held liable for any commercial damage which should occur because of non renewing the hosting plan and the related Internet Domain in such a case.
The Customer, in fact, has the SOLE responsibility to keep his personal details in the Member Area always up to date and to check for new e-mail messages for any notice sent on a regular basis.
All payments are in Euro currency.
According to the current UK tax legislation, The Company is registered as a Sole Trader with no obligation to have a VAT number.
Therefore, all invoices and/or receipts will have no VAT applied and are therefore not to be included in the EU Intrasat declaration.
ART. 13: NON RESPONSIBILITY
The Company shall not be held liable for any direct or indirect damage caused by a force-majeur disruption of service which are to be blamed to the very nature of Internet and software or hardware bugs and/or instability.
We cannot therefore be considered liable for any loss of data that should result because of any such cause.
ART. 14: WITHDRAWAL OF THE SERVICE (FORCE-MAJEURE)
If forced by a case of force-majeur we reserve the right to withdraw the service at any given moment, with no obligation to furnish any explanation whatsoever by giving The Customer at least 90 days notice.
In such a case, we would disable all new purchase options and the admission to the EWI - Earning With Internet marketing system.
In all cases, however, we will process all pending commissions until shut down date and leave all Internet Domains and hosting packages active until their natural expiry date.
Should this article ever be applied, The Customer will automatically receive all passwords and/or instructions needed to transfer the Internet Domain to any chosen new provider.
ART. 15: RIGHT TO CANCEL AND REFUND POLICY
In full compliance with the UK Distance Selling Regulations 2000 (Consumer Protection) The Customer is entitled to a cooling-off period of 10 (TEN) CALENDAR DAYS to request cancellation of the service and be entitled to a refund.
In order to express the desire to cancel the service and request the refund, The Customer must send a fax request to +441234818920, specifying his personal details and the user name chosen and signing the refund request by hand.
However, if at the moment of receiving the refund request The Company has already registered and purchased on behalf of The Customer a non-refundable Internet Domain, The Company will be entitled to deduct the cost of any expense incurred for such order and refund the difference.
In any case, The Company reserves the right to also deduct from any refund request to be processed the payment processor commission paid to accept the initial payment as well as any commission also applied to sned the money back to The Customer.
Whatever the case, the refund will be processed within 30 days from receiving the fax and ONLY through the same payment method chosen when ordering the EWI - Earning With Internet hosting plan.
This article CANNOT be applied in case ANY commission of WHATEVER amount has already been paid as a result of The Customer purchasing the hosting plan to his sponsor and/or his upline during the 10 (ten) calendar days from registration's date.
ART. 16: MARKETING PLAN RULES AND COMMISSIONS WITHDRAWAL
The marketing plan of the EWI - Earning With Internet hosting plan is well illustrated in this very same site and features generous commissions awarded to The Customer as a result of other members purchasing the same hosting package through his referral link as well as for the activity carried out by the downline and/or upline.
The spillover process of automatic placement of members starts from the fourth member introduced onward and follows the logic of "from top to bottom, from left to right".
All commissions accrued becoming payable ONLY upon receipt on the part of The Company of all payments related to the orders generating the commissions and ONLY if The Customer has not requested a refund within 10 (ten) days from order date as per art. 15 of these Terms and Conditions.
All commission witdrawals MUST BE REQUESTED by The Customer using the specific section of the Member Area, with NO EXCEPTION.
The Company will pay all earnings every 15 days. The commission withdrawal refers to all earnings accrued in the previous 15 days.
ART. 17: USER CANCELLATION AND MATRIX COMPRESSION
Should The Customer decide NOT to renew his hosting plan upon expiry, the system will automatically delete the position in the matrix, resulting in any pending commission earnings to also be deleted.
When the system deletes a position within the matrix, in case any downline below that deleted position exists, that entire downline will be shifted one level upwards, thus "compressing the matrix up". Thus the matrix simply levels itself evenly to allow an easier achievent of the full matrix target.
ART. 18: DATA PROTECTION AND PRIVACY
In full compliance with the UK Data Protection Act, all personal details The Customer submits to The Company upon registration will only be used for all operations pursuant to this agreement and will not be shared with any other Third Party, unless the Third Party itself needs the disclosure of The Customer's personal details in order for The Company to supply the service to The Customer.
The Customer retains at any given moment the right to request The Company a full report on how his personal details are being handled and the full details of any Third Party involved within the project if existing.
ART. 19: BACKUP RESPONSIBILITY
The Customer is SOLELY responsible for ensuring that all personal backup copies are stored safely on his local pc in case any file is accidentally deleted and needs to be uploaed again.
The Company also supplies a complete manual backup feature though the Domain Control Panel.
In no case The Company will be held liable to damage caused by accidental deletion of data.
ART. 20: TECHNICAL SUPPORT
Technical support is available 24/7 via ticket through our Member Area.
The support is ONLY limited to Internet Domain issues and website/e-mail issues and the Domain Control Panel features.
No support will be given on PHP and/or MySQL database or CGI scripts which have not been directly installed by The Company.
ART. 21: WEB SPACE AND TRAFFIC QUOTAS
The EWI - Earning With Internet hosting package features a web space quota as well as a monthly traffic quota as per full details listed in our Product page.
All HTTP, POP3, FTP incoming and outgoing data exchange counts towards the allotted monthly traffic quota which The Customer can check using the details provided in the welcome email at the link:
https://earningwithinternet:2083
As the system will block access to the account until the start of the following month when the quota is exceeded (repeatedly warning The Customer with sufficient notice) it is THE SOLE responsibility of The Customer to ensure that the Domain contact details are always kept up to date with a valid email address to ensure that all warnings are received and a prompt measure is put in place, if necessary by requesting an upgrade of the account.
In no case shall The Company be held responsible for the inaccessibility of all part of the services during to The Customer ignoring system warnings and any potential commercial damage resulting from any negligence on the part of The Customer.
ART. 22: DISPUTE RESOLUTION
All legal issues and prosecution of one party towards the other will be settled by the legislation in force in the United Kingdom.
Last update: 28 February 2010.
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