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The following terms of business apply
to any or all of the domain name registration, search
engine registration, web site hosting and email services
to be provided by us to you from time to time. "Server"
means the computer server equipment operated by us in
connection with the provision of the Services. "Web
Site" means the area on the Server allocated by us
to you for use by you as a site on the Internet.
DOMAIN NAME REGISTRATION
1) We do not warrant or guarantee that the domain name
applied for is capable
of being registered by you. Accordingly, you should take
no action in respect of your requested domain name(s)
until you have been notified that your requested domain
name has been registered.
2) The registration of the domain
name and its ongoing use is subject to the relevant naming
authority's terms and conditions of use and you are responsible
for ensuring that you are aware of those terms and conditions
and can and do comply with them. You irrevocably waive
any claims you may have against us in respect of the decision
of a naming authority to refuse to register a domain name
and, without limitation agree that the administration
charge paid by you to us shall be non-refundable in any
event.
3) We accept no responsibility in
respect of the use of a domain name by you and any dispute
between you and any other individual or organisation regarding
a domain name must be resolved between the parties concerned
and we will take no part in any such dispute. We reserve
the right, on our becoming aware of such a dispute, at
our sole discretion and without giving any reason, to
either suspend or cancel the domain name, and/or to make
appropriate representations to the relevant naming authority.
WEB SITE HOSTING/EMAIL
4) We specifically exclude any warranty as to the accuracy
or quality of information received by any person via the
Server and in no event will we be liable for any loss
or damage to any data stored on the Server. You are responsible
for maintaining insurance cover in respect of any loss
or damage to data stored on the Server.
5) You warrant to us that you will
only use your assigned Web Site for lawful purposes. In
particular, you further warrant and undertake to us that:
a) you will not, nor will you authorise
or permit any other party to, use the Server in violation
of any law or regulation;
b) you will not knowingly or recklessly
post, link to or transmit:
i) any material that is unlawful,
threatening, abusive, harmful, malicious, libellous, defamatory,
obscene, pornographic, profane or otherwise objectionable
in any way; or
ii) any material containing a virus
or other hostile computer program;
iii) you will not post, link to or
transmit any material that shall constitute or encourage
a criminal offence, give rise to civil liability or that
violates or infringes any trade mark, copyright, other
intellectual property rights or similar rights of any
person, firm or company under the laws of any jurisdiction;
and
iv) you will conform to the standards
made available by us from time to time and will not yourself,
and will ensure that none of your end users, make excessive
or wasteful use of the Server to our detriment or that
of our other customers.
6) You are responsible for sending
mail in accordance with any relevant legislation (including
data protection legislation) and for sending the same
in a secure manner. We will take all reasonable steps
to ensure accurate and prompt routing of messages but
we will not accept any liability for non-receipt or misrouting
or any other failure of email.
7) You warrant, undertake and agree
that you will keep secure any identification, password
and other confidential information relating to your account
and you will notify us immediately of any known or suspected
unauthorised use of your account, or any known or suspected
breach of security, including loss, theft or unauthorised
disclosure of your password information.
8) Whilst we shall use reasonable
endeavours to ensure the integrity and security of the
Server, we do not guarantee that the Server will be free
from unauthorised users or hackers.
GENERAL TERMS AND CONDITIONS
SERVICE AVAILABILITY
9) We shall use reasonable endeavours to provide continuing
availability of the Server and the Services but we shall
not, in any event, be liable for Service interruptions
or down time of the Server.
INTELLECTUAL PROPERTY RIGHTS AND
OTHER CONSENTS
10) You are solely responsible for obtaining any and all
necessary intellectual property rights clearances and/or
other consents and authorisations in respect of the Services,
including without limitation, clearance and/or consents
in respect of your proposed domain name.
INDEMNITY
11) You agree to indemnify and keep indemnified and hold
us on demand harmless from and against any claim brought
against us by a third party resulting from the provision
of Services by us to you and your use of the Server, and
in respect of all losses, costs, actions, proceedings,
claims, damages, expenses (including reasonable legal
costs and expenses), or liabilities, whatsoever suffered
and howsoever incurred by us in consequence of your breach
or non-observance of these terms of business.
TERMINATION
12) We may terminate this agreement forthwith if you fail
to pay any sums due to us as they fall due.
13) We may terminate this agreement
upon written notice if you breach any of these terms and
conditions and you fail to correct the breach within thirty
(30) days following written notice from us specifying
the breach, or if you are a company you go into insolvent
liquidation, or if you are a person you are declared bankrupt.
14) On termination of the agreement
we shall be entitled immediately to block your Web Site
and to remove all data located on it. We will hold such
data for a period of 14 days and allow you to collect
it at your expense, failing which we shall be entitled
to delete all such data. We shall further be entitled
to post such notice in respect of the non-availability
of your Web Site as we think fit.
PAYMENT
15) All charges payable by you to us for the Services
shall be in accordance with the relevant scale of charges
and rates published from time to time by us on our web
site and are exclusive of Value Added Tax which shall
be paid by you at the rate and in the manner for the time
being prescribed by law and shall be due and payable within
thirty 30 days of receipt of our invoice therefor.
16) The provision by us of the Services
is contingent upon our having received payment in full
from you in respect of the relevant Services. Without
prejudice to our other rights and remedies under this
agreement, if any sum payable is not paid on or before
the due date, we reserve the right, forthwith and at our
sole discretion, to suspend the provision of Services
to you.
LIMITATION OF LIABILITY
17) We hereby exclude all conditions, terms, representations
(other than fraudulent representations) and warranties
relating to the Services supplied under this agreement,
whether imposed by statute or operation of law or otherwise,
that are not expressly stated in these terms and conditions
including, without limitation, the implied warranty of
satisfactory quality and fitness for a particular purpose.
18) Nothing in these terms and conditions
shall exclude our liability for death or personal injury
resulting from our negligence.
19) Our total aggregate liability
to you for any claim in contract, tort, negligence or
otherwise arising out of or in connection with the provision
of the Services shall be limited to the charges paid by
you in respect of the Services which are the subject of
any such claim and provided that you notify us of any
such claim within one year of it arising.
20) In no event shall we be liable
to you for any loss of business, contracts, profits or
anticipated savings or for any other indirect or consequential
or economic loss whatsoever.
NOTICES
Any notice to be given by either party to the other may
be sent by either email, fax or recorded delivery to the
address of the other party as appearing in this agreement
or ancillary application forms or such other address as
such party may from time to time have communicated to
the other in writing, and if sent by email shall unless
the contrary is proved be deemed to be received on the
day it was sent or if sent by fax shall be deemed to be
served on receipt of an error free transmission report,
or if sent by recorded delivery shall be deemed to be
served two days following the date of posting.
LAW
These terms and conditions shall be governed by and construed
in accordance with English law and you hereby submit to
the non-exclusive jurisdiction of the English Courts.
ENTIRE AGREEMENT
These terms and conditions together with any document
expressly referred to in them, contain the entire agreement
between us relating to the subject matter covered and
supersede any previous agreements, arrangements, undertakings
or proposals, written or oral, between us in relation
to such matters. No oral explanation or oral information
given by any party shall alter the interpretation of these
terms and conditions.
You confirm that, in agreeing to these
terms and conditions, you have not relied on any representation
save insofar as the same has expressly in these terms
and conditions been made a representation and you agree
that you shall have no remedy in respect of any misrepresentation
(other than a fraudulent misrepresentation) which has
not become a term of this agreement.
Websiteukhosts.net
25 Queens Avenue
Meols
CH47 0LR
United Kingdom
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