This document outlines the terms and conditions for Internet-related services provided by Medical Media Ltd (MML) for their Clients.

Access

The Client agrees to restrict its use of any account on the Medical Media Ltd (MML) Ltd (MML) servers to the sole purposes of adding or updating files in the Client’s assigned directories and retrieving information about the Client’s web site from the Client’s assigned directories. Any other use not specifically granted in writing by Medical Media Ltd (MML) is a violation of Medical Media Ltd (MML)’s terms and conditions.

Transfer of System Accounts

System accounts cannot be transferred or used by anyone other than the Client. No more than one login session may be used at any time by the Client or any system account. If the Client has multiple accounts, the Client is limited to one login session per system account at any time; user programs may be run only during login sessions. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.

Domain Name Availability

Domain Name availability is beyond Medical Media Ltd (MML)’s control and is subject to InterNIC and Nominet approval.

Website Content and Appropriate Use

Medical Media Ltd (MML) exercises no control whatsoever over the content of the information passing through Medical Media Ltd (MML), subject to the following restrictions:

• The Client agrees not to use its account on Medical Media Ltd (MML)’s servers to violate the security of any computer network, transfer or store illegal material, or violate copyrights.
• All software, programs, scripts, graphic images, or other content, remain the property of The Client. Medical Media Ltd (MML) assumes no responsibility for any software, scripts, graphic images or any other content of the Client that is published on Medical Media Ltd (MML)'s websites. The Client agrees to assume all responsibility for the content of the Client’s disk space.
• All services provided by Medical Media Ltd (MML) may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United Kingdom law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue. The Client agrees to indemnity and hold harmless Medical Media Ltd (MML) from any claims resulting from the use of the service which damages the Client or any other parties.
• NOTE: Pornography and sex-related material or merchandising are prohibited on any Medical Media Ltd (MML) server. Medical Media Ltd (MML) will be the sole arbiter as to what constitutes a violation of this provision.
• NOTE: "Spamming", or the sending of unsolicited email, from a Medical Media Ltd (MML) server or using an email address that is maintained on a Medical Media Ltd (MML) machine is STRICTLY prohibited. Medical Media Ltd (MML) will be the sole arbiter as to what constitutes a violation of this provision.
• NOTE: Medical Media Ltd (MML) may terminate Customer’s account if a web site is promoted through the Internet in ways contrary to commonly accepted "net etiquette." This promotion includes, but is not limited to, posting to inappropriate newsgroups, inappropriate mailing lists and spamming, as described above.

Backups

While Medical Media Ltd (MML) will make every reasonable attempt to provide complete and regular backups of Client data and web pages and to make such backups available to the Client upon need, Medical Media Ltd (MML) is not responsible for ensuring such backups. The Client hereby assumes full responsibility for making his own backups.

Software Support

Medical Media Ltd (MML) will NOT support the software programs required to access our services. These include, but are not limited to the following: Browsers (Netscape Navigator, MS Internet Explorer, Spry Mosaic, etc.), E-mail clients (Eudora, Pegasus, etc.), FTP Clients (WS_FTP, MS FTP, etc.), HTML Editors (MS Word Internet Assistant, Netscape Navigator Gold, Hot Metal, etc.).

Programs and/or scripts: All CGI, Script, Perl, NSAPI etc. programs must be pre-approved by Medical Media Ltd (MML) before they can be run on Medical Media Ltd (MML) Internet Servers. This is to insure stable server operation to all of our clients.

Billing

Clients contracting Medical Media Ltd (MML) to design a website are required to pay 50% of the total cost of the design and construction of the website as a deposit (including the vat). The remaining 50% of the balance will be invoiced within 30 days as per our standard terms.

Payment is due within 7 days of date of invoice (as stated on invoices). Accounts are in default if full payment of invoices is not received within 30 days after date of invoice or work being undertaken by Medical Media Ltd (MML) on behalf of the client . Late amounts owed may be subject to reasonable collection and legal fees, plus interest accrued at 1.5% per month.

If a Client’s cheque is returned by the bank as unredeemable, the Client will be deemed to be in default, and will be liable for the "returned cheque" charge. Accounts unpaid 45 days after date of invoice may have their service interrupted. Such interruption does not relieve the Client from the obligation to pay the monthly/yearly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly/yearly account charge. If the Client defaults, the Client agrees to pay Medical Media Ltd (MML) its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

The Client will be given at least 30 days notice before any changes in prices or policies affecting its account take effect. The Client agrees to keep Medical Media Ltd (MML) informed of its current and valid mailing address to which notices and bills will be sent.

Refunds

Deposits and payments made in accordance with this contract are refundable only at the discretion of Medical Media Ltd (MML) and then only after all costs incurred by Medical Media Ltd (MML) have been paid in full by the Client.

Termination

If the payment is not received after 60 days, all files, information and mail under the account may be deleted. If the Client wishes to use the service again, the Client must re-apply as a new Client and pay all outstanding amounts from the original contract. For this, an account re-activation fee of £50 will also be required.

Medical Media Ltd (MML) may terminate this agreement for any reason and may or may not give customer a "grace" period or notice depending on Medical Media Ltd (MML)’s analysis of the perceived problem. Medical Media Ltd (MML) will refund, on a prorated basis, any fees the Client has already paid but for which services will not be provided, less any fees due Medical Media Ltd (MML) for transferring the web site or files.

The Client agrees that Medical Media Ltd (MML) has the right to suspend or terminate Customer’s access to Medical Media Ltd (MML)’s servers, and to prevent Internet access to Customer’s website, when necessary for Medical Media Ltd (MML) to examine or remedy possible violations of this agreement, or for nonpayment of fees.

The Client also agrees that Medical Media Ltd (MML) has the right to delete all data, files or other information that is stored in the Client’s account if the Client’s account with Medical Media Ltd (MML) is terminated, for any reason, by either Medical Media Ltd (MML) or the Client.

Disclaimer

In no event shall Medical Media Ltd (MML) or its sales agents, or any company affiliated with either, or any employee or agent of any such company, be liable for incidental or consequential damages of any kind, including but not limited to, loss of revenue or profits or any other business damage whether resulting from breach of contract, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by Medical Media Ltd (MML)’s negligence or the Client’s errors or omissions.

Medical Media Ltd (MML) makes no warranties of any kind, whether expressed or implied, for the services it is providing. Medical Media Ltd (MML) also disclaims any warranty of merchantability or fitness for a particular purpose. Use of any information obtained via Medical Media Ltd (MML) is at your own risk. Medical Media Ltd (MML) specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Limitation of Liability

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Medical Media Ltd (MML) Services constitutes acceptance of these Terms and Conditions.