Terms and Conditions

1. ALMAC Computer Services Ltd.’s (ALMAC) on-line services (Service) consists of computing and information services, information and other content provided by ALMAC as well as access to services, software, information and other content provided by third parties and over the Internet. These terms and any operating rules published on ALMAC’s on-line services constitute the entire and only agreement between ALMAC and the member (one who has an account with ALMAC for the Service including members designated users) with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof.
2. Upon notice published over the Service, ALMAC may modify this Service Agreement, including the operating rules or prices, and may discontinue or revise any or all other aspects of the Service in its sole discretion and without prior notice.
3. Unless otherwise agreed, member’s right to use the Service or to designate users is not transferable and is subject to any limits established by ALMAC, or by member’s credit card company if billing is through credit card.
4. Member agrees to indemnify ALMAC against liability for any and all use of member’s account.
5. Member is responsible for and must provide all telephone and other equipment and services necessary to access the service.
6. Members accounts that are paid by monthly standing orders and/or credit cards agree to give one months notice in writing to cancel their accounts. In respect of annual accounts Members must give one months notice in writing and they will be entitled to a refund of their money on a pro-rata basis for months unused on the service. There is no refund of the initial joining fee.
7. WEB customers must pay any domain name charges and sign any appropriate forms required to register their domain at time of order. Where the web order placed with ALMAC is based on our template order system then payment is required in full before the site can go live and be added to international search engines. Where web orders are placed with ALMAC on a customised basis then payment is due within 14 days of invoice date and ALMAC reserve the right to take down the site where payment is not received by the due date.
8. Web Site Byte's Server Surcharges:
   The following surcharges will be billed monthly in arrears, unless contractual agreement is reached on volume charges. If the web stats show that the volume of bytes transferred from an web/ftp owner's hypertext or ftp documents :
9. Less than 500MB per month - no surcharge
   Between 500 and 1501 MB per month - �150 per month surcharge
   Between 1500 and 3001 MB per month - �250 per month surcharge
   Each additional 3000 MB per month over 3000MB - �250 per month
10. Member expressly agrees that use of the service is at member’s sole risk. Neither ALMAC nor any of its information providers, licensors, employees, or agents warrant that the service will be uninterrupted or error free; nor does almac or any of its information providers, licensors, employees or agents make any warranty as the results to be obtained from use of the service. The service is distributed on an "as is" basis without warranties of any kind, either express or implied. Including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular pupose or otherwise, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this service agreement, neither almac nor anyone else involved in creating, producing or delivering the service shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to use the service or out of any breach of any warranty. Member expressly acknowledges that the provision of this paragraph shall also apply to all third party content and any other content and any other content available through the service. Member agrees that it will not in any way hold almac responsible for any selection or retention of, or the acts or omissions of, third parties in connection with the service (including those with whom almac contracts to operate various areas on the service).
11. Except as expressly permitted neither member nor its designated users may reproduce, redistribute, retransmit, publish or otherwise transfer or commercially exploit, any information, software or other content which they receive through the service.
12. Member shall be responsible for all use of the Service accessed through member’s account. Member acknowledges that member is aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). Member agrees to supervise usage of the Service by minors whom member permits to use the Service. In addition ALMAC reserves the right to remove any material that resides on ALMAC’s service without notice and without any monetary or other compensation.
13. The provisions of paragraphs 4,8 and 9 are for the benefit of ALMAC and its respective contractors, information providers, licensors, employees and agents; and each shall have the right to assert and enforce such provisions directly on their own behalf.
14. This service agreement is made in Scotland, and shall be governed by and construed in accordance with the laws of Scotland. Any cause of action of member or its designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.
15. Member acknowledges that, when using the Internet, member is using a completely different physical network than ALMAC’s network and different content than that normally available on the Service. The reliability, availability and performance of resources accessed through the Internet are beyond ALMAC’s control and are not in any way warranted or supported by ALMAC or its third party contractors. Member acknowledges that safeguards relative to copyright, ownership, decency, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Member assumes all risk and liability of its use of the Internet, including member’s continuous compliance with the Service Agreement.
16. Not withstanding any acknowledgement of a member purchase order by ALMAC, any provision or condition in any purchase order, voucher, or other memorandum of the member which is in any way inconsistent with, or adds to, the provisions of this Service Agreement is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Service Agreement. ALMAC may authorise or allow its contractors and other third parties to provide to ALMAC and/or to member services necessary or related to making the service available and to perform obligations and exercise rights of ALMAC under this Service Agreement, and may collect payments on their behalf, if applicable. If any provision of the Service Agreement is determined invalid, all other provisions shall remain in full force and effect. The provisions of paragraphs 4,7,11 and 14 and all obligations of and restrictions on member and its designated users shall survive any termination of this Agreement.
17. ALMAC reserve the right to charge Web/FTP site owners for MB’s of data transferred from their site according to our published rates stated on our services page at http://www.almac.net/almac/services and reserve the right to refuse the operation of Web CGI programs, scripts and executables.
18. Unlimited in the context of the Dial-Up service means "unlimited in the spirit of a shared service, characterised by intermittent sessions of a modest duration". ALMAC reserve the right to discontinue dial-up service to users who make persistent and lengthy connections to the exclusion of other users on the public Dial-Up telephone circuits and in particular, but not restricted to, where user makes more than 24 separate calls per day and no more than 2 hours per session.
19. Services are advertised for specific useages, as indicated in the current services description. ALMAC reserve the right to discontinue service without refund if services are used for purposes contrary to the advertised intention and in particular, but not restricted to, where user remains permanently connected on a public access Dial-Up line, reselling an IP connection to the Internet and reselling a web hosting service without specific contractual agreement.

ALMAC, 141 Bo’ness Road, Grangemouth FK3 9BS. Tel: 01324-666336 Fax: 01324-665155 E.Mail: [email protected]