Terms

Revision date: 28/07/2008

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on Ludatha LTD.'s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Ludatha LTD.'s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or "mirror" the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Ludatha LTD. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

1. The materials on Ludatha LTD.'s web site are provided "as is". Ludatha LTD. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Ludatha LTD. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Ludatha LTD. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Ludatha LTD.'s Internet site, even if Ludatha LTD. or a Ludatha LTD. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Ludatha LTD.'s web site could include technical, typographical, or photographic errors. Ludatha LTD. does not warrant that any of the materials on its web site are accurate, complete, or current. Ludatha LTD. may make changes to the materials contained on its web site at any time without notice. Ludatha LTD. does not, however, make any commitment to update the materials.

Links

Ludatha LTD. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Ludatha LTD. of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

Ludatha LTD. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Ludatha LTD.'s web site shall be governed by the laws of the State of England without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Acceptable Use Policy

 
Revision date: 28/07/2008
As a provider of web site hosting and other Internet-related services, Ludatha LTD. offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Ludatha LTD. respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Ludatha LTD. reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Ludatha LTD. has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Ludatha LTD.' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Ludatha LTD. cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Ludatha LTD. cannot monitor or censor the Internet, and will not attempt to do so, Ludatha LTD. cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Ludatha LTD. does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Ludatha LTD.' network and may reach a large number of people, including both subscribers and non-subscribers of Ludatha LTD., subscribers' postings to the Internet may affect other subscribers and may affect Ludatha LTD.' goodwill, business, reputation or operations. For these reasons, subscribers violate Ludatha LTD. policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Ludatha LTD., but also because it can overload Ludatha LTD.' network and disrupt service to Ludatha LTD.' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Ludatha LTD. will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Ludatha LTD. reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Ludatha LTD. choose to pursue and prosecute.

Adult-Oriented Content

Ludatha LTD. does not allow adult content and will suspend/terminate any offending account.

Large File Policy

Ludatha LTD. is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail support@ludatha.com. Some accounts that are found to be trusted may have their file limitation raised or removed, asking for your limitation to be removed will reduce your chances of having the limitation removed!

Obscene Speech or Materials

Using Ludatha LTD.' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Ludatha LTD. is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language

Using Ludatha LTD.' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Header

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks

Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups

Ludatha LTD. reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities

Engaging in activities, whether lawful or unlawful, that Ludatha LTD. determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Ludatha LTD. will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Ludatha LTD.' policy or applicable law. However, when Ludatha LTD. becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Ludatha LTD..

Ludatha LTD. is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Ludatha LTD.' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Ludatha LTD. does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Ludatha LTD. reserves the right to directly take action against a customer of its subscribers. Also, Ludatha LTD. may take action against the Ludatha LTD.' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Ludatha LTD. anticipates that subscribers who offer Internet services will cooperate with Ludatha LTD. in any corrective or preventive action that Ludatha LTD. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Ludatha LTD. policy.

Ludatha LTD. will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Ludatha LTD. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Ludatha LTD. may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Ludatha LTD. assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Ludatha LTD. may disclose subscriber information or information transmitted over its network where necessary to protect Ludatha LTD. and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Ludatha LTD. will never sell information to other services or outside companies.

Ludatha LTD. expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Ludatha LTD. policy. Finally, Ludatha LTD. wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Ludatha LTD. for any violation of the Service Agreement, law or Ludatha LTD. policy resulting in loss to Ludatha LTD. or the bringing of any claim against Ludatha LTD. by any third party. This means that, if Ludatha LTD. is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Ludatha LTD., plus costs and reasonable attorney's fees.