Terms and Conditions

Web Site and Virtual Dedicated Server Service Agreement

This Web Site and Virtual Dedicated Server Service Agreement ("Agreement") is by and between Primary Networking Ltd. ("primarynetworking.net"), a UK limited company, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of primarynetworking.net web site and virtual dedicated server services (collectively, the "Services") and represents the entire agreement between You and primarynetworking.net. By using the Services, You acknowledge You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including those which primarynetworking.net may establish from time to time. Such Agreements will be published alongside this notice.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with primarynetworking.net, whether or not the transactions were in Your behalf. You acknowledge that primarynetworking.net's acceptance of any application made by You for services provided by primarynetworking.net may involve third party providers, who may not accept your application or subject to additional costs in the provision of certain services. You acknowledge that the provision of our offered services in these circumstances at our normal, published prices is beyond primarynetworking.net's control and we may reject or provide an alternate price for our services in these cases. You furthermore acknowledge that our prices may be subject to change and that accounts in arrears will be re-invoiced to reflect the new prices (reflecting increased cost of provision), if 1) more than 30 days has elapsed since the preceding invoice and 2) the cost of provision of service has increased.


1. Description of Service

Primarynetworking.net currently provides the Services to its customers for a yearly fee. Primarynetworking.net will host Your web site on their own servers, providing said fee is payed in advance and no illegal, immoral or otherwise objectionable content is published and no unethical practices are employed in the operation of said site(s) or the businesses they represent. It is at primarynetworking.net's discretion as to whether or not to continue to publish information held on our own servers our right to remove without prior notice any such content that would or could otherwise adversely affect the running of our business.

License of Your Web Site Content

Primarynetworking.net grants to You, and You accept from primarynetworking.net, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your web site content in connection with primarynetworking.net's performance or enforcement of this Agreement.

Availability of Services

Subject to the terms and conditions of this Agreement, primarynetworking.net shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:

  1. equipment malfunctions;
  2. periodic maintenance procedures or repairs that primarynetworking.net may undertake from time to time; or
  3. causes beyond the control of primarynetworking.net or that are not reasonably foreseeable by primarynetworking.net, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.

You agree primarynetworking.net has no control of availability of the Services on a continuous or uninterrupted basis.

You further agree that as a normal course of its business, it may be necessary for primarynetworking.net to migrate its servers. As a result, even though You may have a dedicated IP, You may be assigned a different IP number. Primarynetworking.net does not warrant that You will be able to consistently maintain Your given IP numbers.

Service Availability Guarantee

Primarynetworking.net offers a service uptime guarantee for the Services of 99.9% ("Service Uptime") of available time. If primarynetworking.net fails to maintain this level of service availability, You may contact primarynetworking.net and request a credit of 5% of Your monthly hosting fee from primarynetworking.net for that month. The credit may be used only for the purchase of further products and services from primarynetworking.net , and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by:

  1. periodic scheduled maintenance or repairs primarynetworking.net may undertake from time to time;
  2. errors caused by You from custom scripting or coding;
  3. outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email;
  4. causes beyond the control of primarynetworking.net or that are not reasonably foreseeable by primarynetworking.net ; and
  5. outages related to the reliability of certain programming environments.

Total Service Uptime shall be solely determined by primarynetworking.net and shall be calculated on a monthly basis.

FTP Backup

Primarynetworking.net may offer additional features and add on services, such as FTP Backup. You acknowledge and agree that purchasing such additional features and add on services may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, You shall be subject to a maximum disk usage and bandwidth usage as identified by Primarynetworking.net. Subject to the terms and conditions of this Agreement, Primarynetworking.net shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Agreement. You acknowledge and agree that from time-to-time the FTP Backup services may be inaccessible or inoperable for any reason, including without limitation:

  1. equipment malfunctions;
  2. periodic maintenance procedures or repairs that Primarynetworking.net may undertake from time to time; or
  3. causes beyond the control of Primarynetworking.net or that are not reasonably foreseeable by Primarynetworking.net, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

Web Site Content

You shall be solely responsible for providing, updating, uploading and maintaining Your web site and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services. In no event shall Your web site consist of the following: search results, registration, "thank you", error, email or chat pages, pages comprised primarily of other advertising or pages containing any of the following types of content:

  1. pornographic, obscene or excessively profane content;
  2. content intended to advocate or advance computer hacking or cracking;
  3. gambling;
  4. illegal activity;
  5. drug paraphernalia; or
  6. hate, violence or racial or ethnic intolerance.

SSL Certificates

Except as may be limited by specific products or services, any SSL certificate You purchase from primarynetworking.net or its affiliates to use in conjunction with the Services provided by primarynetworking.net, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by primarynetworking.net, primarynetworking.net will generate and securely store a corresponding private key.

For security reasons, at no time will primarynetworking.net release Your private key, even if You request. If You wish to export Your SSL certificate for use on a non-primarynetworking.net server, You will need to make a request to primarynetworking.net no earlier than thirty (30) days after Your initial SSL subscription began. After Your account with primarynetworking.net has been cancelled, You will have thirty (30) days to follow the appropriate process of the certificate provider to request a re-key of the SSL certificate, or Your SSL certificate will become invalid.

Information Shared with Partners

As a condition of purchasing and using the Services, You acknowledge and agree Primarynetworking.net may provide Your personal information to their partners, as required to provide the plans for which You are purchasing.


2. Your Obligations

You acknowledge and agree Primarynetworking.net shall have the right to seek justification in connection with Your use of the Services, specifically Your purchase of IP addresses, and You shall be obligated to provide any and all information reasonably sought by Primarynetworking.net pursuant to such justification. You acknowledge and agree You are required to begin using at least ninety percent (90%) of Your purchased IP addresses within thirty (30) days of assignment of such IP addresses to You. In the event You do not begin using at least ninety percent (90%) of Your assigned IP addresses, You acknowledge and agree Primarynetworking.net shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, IANA, in accordance with policies of any and all such registries and such information may be displayed publicly on the Whois database.

Upon the expiration of Your initial hosting service term, Your hosting service shall automatically renew for the same period of time and Your payment method shall be charged for the renewal term on the renewal date. You acknowledge and agree that in the event You do not desire to automatically renew Your hosting services for the same period of time, it is Your responsibility and obligation to notify Primarynetworking.net in writing, by telephone or by the online ticket system, prior to the renewal date. Emails will only be accepted as proof of communication if a receipt or reply can be produced and verified. Your failure to do so shall be deemed acceptance of the renewal term.

You represent and warrant to Primarynetworking.net that:

  1. Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation;
  2. infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and
  3. that You own Your web site content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site.

You also warrant that the web site being hosted by Primarynetworking.net will not be used in connection with any illegal activity. If You are hosting Your web site on primarynetworking.net 's servers, You are responsible for ensuring there is no excessive overloading on primarynetworking.net's DNS or servers. In the event You exceed Your allotted bandwidth, compute cycles or disk space and thereby overload Primarynetworking.net's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Primarynetworking.net's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Primarynetworking.net reserves the right to remove sites containing information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. Primarynetworking.net prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Primarynetworking.net. You agree Primarynetworking.net reserves the right to remove Your web site temporarily or permanently from its servers if Primarynetworking.net is the recipient of activities that threaten the stability of its network. Further, You acknowledge and agree Primarynetworking.net has the right to terminate Your Services in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to:

  1. disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, Primarynetworking.net, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than Primarynetworking.net's standard SMTP relay limit;
  2. disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
  3. disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
  4. create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
  5. export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United Kingdom and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
  6. interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization;
  7. disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
  8. engage in any other activity deemed by Primarynetworking.net to be in conflict with the spirit or intent of this Agreement or any Primarynetworking.net policy; or
  9. use Your server as an "open relay" or similar purposes.

Primarynetworking.net prohibits the running of a public recursive DNS service, email relays or proxies on any primarynetworking.net server. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. Primarynetworking.net actively scans for the presence of public DNS, email or proxy services and reserves the right to remove any servers from the network that violate this restriction.

Storage and Security

At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:

  1. prevent any loss or damage to Your web site content;
  2. maintain independent archival and backup copies of Your web site content;
  3. ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on Primarynetworking.net servers; and
  4. ensure the confidentiality of Your password.

Primarynetworking.net's shared hosting servers are not an archive and Primarynetworking.net shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The basic (non e-commerce) services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. Primarynetworking.net shall have no liability to You or any other person for Your use of the Services in violation of these terms. You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way, in Primarynetworking.net's sole discretion, that shall impair the functioning or operation of Primarynetworking.net's Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as: (i) a repository or instrument for placing or storing archived files; and/or (ii) placing or storing material that can be downloaded through other web sites. You acknowledge and agree that Primarynetworking.net has the right to carry out a forensics examination in the event of a compromise to Your server or account.

If You purchase optional Managed Services, You hereby authorize Primarynetworking.net to log into Your server for purposes of installing and configuring and monitoring successful use of the software.

In the event You terminate, moving Your web site off of the Primarynetworking.net shared hosting servers is Your responsibility. Primarynetworking.net will not transfer or FTP Your web site to another provider. In the event Your use of the Services is terminated, Primarynetworking.net will not transfer or manage Your Services or Your web site content.


3. Managed Services

In the event You purchase the Managed Services option, the following terms and conditions shall apply to Your use of and Primarynetworking.net's obligations in connection with providing the Managed Services.

Subject to the terms and conditions of this Agreement and each of Primarynetworking.net's policies and procedures, Primarynetworking.net shall use commercially reasonable efforts to attempt to ensure access to and operation of scheduled Managed Services twenty-four (24) hours per day, seven (7) days per week for the duration of the Managed Services contract. You acknowledge and agree that from time-to-time the Managed Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Primarynetworking.net may undertake from time to time; or (iii) causes beyond the reasonable control of primarynetworking.net  or that are reasonably unforeseeable by Primarynetworking.net, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

In addition to maintenance conducted to satisfy our responsibilites as stated elsewhere in this agreement ('Routine' maintenance) and those conducted as part of the Managed Services on your behalf, maintenance specific to your hosting requirements may be requested ('Special' maintenance). These will form part of Primarynetworking.net's Managed Services and as such be subject to the terms thereof. Each instruction will be further subject to Primarynetworking.net's agreement in each case and limited to a reasonable number of instructions in a given period of Managed Services. All other requests for maintenance will be considered Special Support Services (SSS) in each instance of each instruction.

You acknowledge and agree Primarynetworking.net has no control over the availability of the Managed Services on a continuous or uninterrupted basis.

Primarynetworking.net's Rights

Primarynetworking.net explicitly reserves the right and sole discretion to:

  1. modify its pricing, if desired by Primarynetworking.net ;
  2. establish limits and guidelines concerning the use of the Managed Services;
  3. terminate Your use of the Managed Services for use of the Managed Services to unnecessarily or illegally harass Primarynetworking.net or third parties, non-payment of fees for the Managed Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United Kingdom and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Primarynetworking.net, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Primarynetworking.net determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
  4. terminate Your use of the Managed Services if Your use of them results in, or is the subject of, legal action or threatened or proposed legal action, against Primarynetworking.net or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and
  5. terminate Your use of the Managed Services at any time and for any reason if deemed reasonably necessary by Primarynetworking.net.

Primarynetworking.net has no obligation to monitor Your use of the Managed Services, but reserves the right in its sole discretion to do so.

Charges for Special Support Services

When Primarynetworking.net determines requested assistance falls out of the scope of normal usage, charges shall apply for Your use in the form of Special Support Services (hereinafter referred to as "SSS"), and Primarynetworking.net shall charge You for Your use of SSS on a thirty (30) minute incremental basis. Furthermore, when Primarynetworking.net determines a fee will be assessed for Your use of SSS, Primarynetworking.net reserves the right to charge any or all of the fees prior to the commencement of any work being performed.

Third-Party Software

Additionally, in the event You elect to install or seek assistance from primarynetworking.net  in connection with the installation of any third-party software, the following terms shall apply. You represent and warrant You have the right to use and install the third-party software, and have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless Primarynetworking.net and its employees, officers and directors for, from and against any and all claims brought against Primarynetworking.net and its employees, officers and directors by a third-party alleging the software infringes: (i) the third-party’s rights; or (ii) a European or U.S. patent, trademark, copyright or other intellectual property right. You agree that in such an event You shall pay all resulting costs, damages, expenses and reasonable attorneys’ fees that a court awards and settlements incurred by Primarynetworking.net in connection with any such claims.

If You purchase Managed Services, You hereby authorize Primarynetworking.net to log into Your server for purposes of installing and configuring the software.


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