Simple Servers Ltd Terms and Conditions

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You indicate acceptance of these terms and conditions of service by placing an order with Simple Servers Ltd. These terms and conditions will not be varied for individual customers.

1 DEFINITIONS

1.1 In this Agreement the following words and expressions shall have the following meanings:

1.1.1 “downtime” means any service interruption in the availability to visitors of the Website;

1.1.2 “intellectual property rights” means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;

1.1.3 “Simple Servers” means Simple Servers Ltd company registration number 06813119

1.1.4 “IP address” stands for internet protocol address which is the numeric address for the server;

1.1.5 “ISP” stands for internet service provider;

1.1.6 “server” means the computer server equipment operated by Simple Servers in connection with the provision of the Services;

1.1.7 “the Services” means web hosting, domain name registration, email and any other services or facilities provided by Simple Servers.

1.1.8 “spam” means sending unsolicited and/or bulk emails;

1.1.9 “virus” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”;

1.1.10 “visitor” means a third party who has accessed the Website;

1.2 Product specifications and details may be found at www.simpleservers.co.uk.

1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.

1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

2 INTRODUCTION

2.1 The Customer wishes to provide Simple Servers with data that will be hosted on Simple Servers’s servers and made accessible via the Internet.

2.2 Simple Servers provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.

3 DUTIES

3.1 Simple Servers shall provide to the Customer the Services specified in their order subject to the following terms and conditions.

3.2 The Customer shall deliver to Simple Servers the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Simple Servers (“the Customer Software), in a format specified by Simple Servers.

4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE

4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Maestro (Switch), Solo, Visa Electron and Visa Delta) and direct debits

4.2 Simple Servers accept cheques, bank transfers, postal orders. Bank: Barclays Bank, Sort Code: 20-71-45, Account: 73752534, Swift: BARCGB22, IBAN: GB75 BARC 2071 4573 7525 34

4.3 The Charges are exclusive of VAT, which if payable at checkout. Simple Servers are registered for VAT and our VAT number is 974 6292 77.

4.4 Simple Servers shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.

4.5 Simple Servers do not provide credit facilities.

4.6 From time to time Simple Servers may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.

4.7 Simple Servers provide “Money-Back Guarantees” on certain products. Should your product qualify for this guarantee please raise a support ticket within 30 days of placing your order for a full refund. This guarantee excludes domain names and SSL which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.

4.8 Pro-rata refunds will not be issued for services that are cancelled before the end of the term.

4.9 Should your chosen payment method fail Simple Servers will attempt to settle your invoice using any other payment facilities available on your account.

4.10 All services will renew until cancelled by the customer. Simple Servers emails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.

5 IP ADDRESSES

5.1 Simple Servers shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.

5.2 Where Simple Servers changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.

6 SOFTWARE LICENCE AND RIGHTS

6.1 If the Customer requires use of software owned by or licensed to Simple Servers (“Simple Servers’s software”) in order to use the Services, Simple Servers grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Simple Servers Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Simple Servers Software.

6.2 In relation to Simple Servers’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to Simple Servers a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website (“the Content”). For the avoidance of doubt, this Agreement does not transfer or grant to Simple Servers any right, title, interest or intellectual property rights in the Customer Software or the Content.

6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Simple Servers Software.

6.4 Simple Servers may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Simple Servers shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.

7 SERVICE LEVELS AND DATA BACKUP

7.1 Simple Servers shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Simple Servers makes no warranties or representations that the Service will be uninterrupted or error-free and Simple Servers shall not, in any event, be liable for interruptions of Service or downtime of the server.

7.2 Simple Servers carries out data backups for use by Simple Servers in the event of systems failure. Simple Servers do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Simple Servers accepts no responsibility for data loss or corruption.

8 ACCEPTABLE USE POLICY

8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:

8.1.1 use the Services or the website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services;

8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;

8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;

8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;

8.1.5 engage in illegal or unlawful activities through the Services or via the Website;

8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or

8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Simple Servers’s network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.

8.1.8 operate or attempt to operate IRC bots or other permanent server processes.

8.1.9 You must not run your network interface(s) in promiscuous mode or run packet sniffing software within your Dedicated Server or VPS/Cloud.

8.1.10 You must not run any programs or software designed to locate vulnerabilities on other servers, including “port scanning” and “password sniffing” software.

8.1.11 You must not attempt to “spoof” traffic or attempt to acquire IP addresses other than those specifically assigned to your individual Dedicated Server or VPS product within your Control Panel.

8.1.12 You must not run DHCP services on the open network.

8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Simple Servers is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Simple Servers shall be entitled to withdraw the Services and terminate the Customer’s account without notice.

9 ALTERATIONS AND UPDATES

All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Simple Servers and the password will be changed.

10 WARRANTIES

10.1 The Customer warrants and represents to Simple Servers that Simple Servers’s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Simple Servers as set out in Clause 6.2.

10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Simple Servers shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

11 INDEMNITY

The Customer agrees to indemnify and hold Simple Servers and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Simple Servers arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.

12 LIMITATION OF LIABILITY

12.1 Nothing in these terms and conditions shall exclude or limit Simple Servers’s liability for death or personal injury resulting from Simple Servers’s negligence or that of its employees, agents or sub-contractors.

12.2 The entire liability of Simple Servers to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

12.3 In no event shall Simple Servers be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Simple Servers had been made aware of the possibility of the Customer incurring such a loss.

13 TERM AND TERMINATION

13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.

13.2 Simple Servers shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.

13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:

13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or

13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or

13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

13.5 On termination all data held in the customers account will be deleted.

14 ASSIGNMENT

14.1 Simple Servers may assign or otherwise transfer this Agreement at any time.

14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Simple Servers’s prior written consent.

15 FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

16 SEVERANCE

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

17 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 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 2 days following the date of posting.

18 ENTIRE AGREEMENT

This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

19 GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

20 DOMAIN NAME REGISTRATION

20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Simple Servers will provide a full refund for that domain name, this will be the full limit of our liability.

20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.

20.3 Simple Servers will make reasonable endeavours to renew domains where the renewal fee has been paid. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.

21 SCRIPTING

Simple Servers are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP, Python, and Ruby are installed and functioning on the web hosting system.

22 PRIVACY

To protect your privacy we will not distribute your details to third parties, unless required to do so by law.

23 BANDWIDTH

23.1 Web hosting accounts include a certain amount of bandwidth, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more bandwidth included or until the start of the following month. Your bandwidth usage is shown in the Control Panel. On some packages bandwidth will be charged at £0.0006 per mb over the package quota

23.2 Dedicated Web hosting accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum bandwidth of 300 GB per month, additional bandwidth can be added upon request.

23.3 Web hosting accounts are prohibited from hosting hardcore pornographic material, hosting graphics or scripts for other websites, storing pages, files or data as a repository for other websites or as a backup, giving away web space under a domain (including Resellers giving away free websites), sub domain or directory.

24 SERVER USAGE

24.1 Should your web hosting account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.

24.2 Simple Servers does not allow proxy sites of any nature to be hosted on its network.

25 AFFILIATE PROGRAMME

Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.

26 EMAIL NEWSLETTER

Simple Servers communicates with it’s customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.

27 WEBSPACE USAGE

Unlimited web space offered on web hosting packages is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.

28 MAIL BOXES

Mail boxes for web hosting packages not accessed for 100 days or more will be deleted from the system.

29 RESELLER DEACTIVATED ACCOUNTS

When a Reseller disables a web hosting account, you agree that after 50 days this account may be deleted from the system without notice.

30 DEDICATED SERVERS

Simple Servers will provide the hardware, software and internet connectivity as listed on the order page. Simple Servers do not provide software installation, software patches or custom programming or non-hardware support.

All dedicated servers are subject to at least one months contract. Once the initial one month contract has expired dedicated servers can be cancelled with 30 days notice. Dedicated servers are excluded from the 30 day money back guarantee.

Customers should not use their dedicated server to host or maintain any prohibited content or links.

Prohibited content or links include (but are not limited to):

- Pirated software

- Hacking programs or archives

- Warez Sites

- Distribution of music files, video files, or any other material in which the account holder does not own the copyright.

- Sites not conforming to UK law.

- Our acceptable use policy above still applies.

Customers should not use their dedicated server for sending spam emails, nor should they host any site which has been advertised through spam emails whether or not the spam originated from the server.

Simple Servers are not responsible for backing up any data on Dedicated Servers.

31 FREE TRANSFER

Free transfer is Cpanel to Cpanel accounts only on a like for like basis. A charge will be made to transfer using FTP and phpMyAdmin

Sites should be checked thoroughly after transfer and any errors notified within 24hrs from nameserver change notification.

32 £1 Monthly Trial

Unless cancelled this service will auto renew to our Magento Core plan and will be billed monthly at the current rate.

A maximum of 3 trial accounts per customer

Terms and Conditions of Domain Name Registration

By registering a domain names ending in .uk (with some very limited exceptions), you enter into a contract of registration with us (Nominet UK). The contract includes conditions limiting our liability and relating to our use of your personal information. This contract is just for the domain name and separate to any arrangement you may have with any other organisation for providing internet services.

Terms and Conditions of Domain Name Registration – effective from 4 May 2014
Change in terminology

Since these terms and conditions were written the words “agent”, “registration agent” and “tag holder” have been replaced with the single term registrar. This has been done to standardise the terminology used across all of our communications. In the Terms and Conditions of Domain Name Registration below these original words are still used.

Warning:

By registering a domain name ending in .uk (with some very limited exceptions), you enter into a contract of registration with us (Nominet UK) on the following conditions, which includes conditions limiting our liability and relating to our use of your personal information. This contract is just for the domain name and separate to any arrangement you may have with any other organisation for providing internet services. For an explanation of the meaning of the endings of .uk names, see the rules on our website at www.nominet.org.uk

We are a not-for-profit company limited by guarantee, generally performing these services on a cost-recovery basis, and we cannot investigate what rights you have to register or use the domain name. So, we think it is reasonable for us to limit our liability in certain respects so that we may continue to offer our services in the interests of the whole internet community.

This contract includes the DRS policy, the DRS procedure and the rules. You can get copies of these from our website or from us. Other policies we refer to do not form part of this contract and may change at any time.

Definitions

1.  The following words marked in bold will have specific meanings in this contract.

‘agent’– Someone who may act on your behalf to deal with us, which will be shown in the WHOIS. Only certain people qualify, and they are known as ‘tag-holders’. See our website for a list.

‘cancel’ – Cancelling this contract and your domain name are the same thing. The contract ends. The domain name will be deleted, will no longer work as part of a website or e-mail, and will be released to be registered again under our rules.

‘consumer’ – You are a consumer if you are an individual not registering, using or planning to use the domain name as part of a business, trade or profession.

‘correct’ – This means that the information must be good enough to allow us to contact you quickly at any reasonable time without having to get information from anywhere else,  must not be deceptive, and (if possible for that type of information) must clearly identify you. For your name this also means that the information must be detailed enough that we can tell exactly who you are (in legal terms, exactly which legal entity we have this contract with).

‘domain name’ – An internet domain name ending in .uk and under one of the second level domains (such as .co.uk, .me.uk or .org.uk) operated by us.

‘DRS policy’, ‘DRS procedure’ – The policy and procedure of our dispute resolution service.

‘EEA’ – The European Economic Area, which includes most European countries. Countries outside the EEA may not have strict laws to protect personal information.

‘name servers’ – Computers that provide specific translation information in the domain name system.

‘notify’ – Serving notice to you, your agent, authorised representative, contact (see condition 5.5) or us (see condition 36).

‘personal data’ – Any information about an identifiable living person (for example, your name, address or phone number).

‘proscribed’ – That the domain name in our sole discretion would on the face of it (i) tend to indicate, comprise or promote a serious sexual offence and (ii) that there is no legitimate use of the domain name which could be reasonably contemplated.

‘PRSS’ – A service provided under strict contract to some people based in the EEA  which allows them to search WHOIS data differently, but not to use it for marketing purposes.

‘register’ – Our record of domain names and details about you, your agent (if you have one) and other information we need.

‘registry’ – The single organisation which holds all records for domain names with the same ending (we run ‘.uk’) and operates the name servers for that domain.

‘rules’ – Our rules which explain which domain names can be registered and which cannot.

‘special status’ – Various special states your domain name may be in, such as suspended or ‘detagged’. See our website for details. This will normally mean that you will remain listed as the person who has registered the domain name but the domain name itself will not work, and may mean that other actions with the domain name are blocked.

‘WHOIS’ – A system which provides public information about domain names. See our website for details and how to use the WHOIS.

2.  Also in this contract, the following words have special meanings but will not be put in bold.

‘conditions’ – includes all parts of the contract, not just those that lawyers call conditions.

‘we’, ‘us’, ‘our’ – Nominet UK (company number 3203859). See condition 35.

‘you’, ‘your’ – The person who is entering into this contract with us and who the domain name will be registered for.

What we will do

3.  We are the registry for the .uk domain and we will carry out the general duties that we believe (after wide consultation) a modern, neutral and not-for-profit .uk registry should.

This includes (among other things):

3.1 processing your application to register or renew a domain name in the light of our rules, and your right (see condition 20) to renew;

3.2 maintaining overall ownership, control and responsibility for the register;

3.3  if we are listed as your agent or if it would be inappropriate for you to ask your agent to act (see condition 5) making changes to the register at your request or providing information about the .uk domain name system;

3.4  if the domain name is not in a special status, entering details about the domain name into our name servers; and

3.5 publishing procedures for you to renew the domain name and for recording a transfer, surrender or change of agent for the domain name.

What you must do

4.  You have various responsibilities set out generally in this contract.  You must also:

4.1  give and keep us notified of your correct name, postal address and any phone, fax or e-mail information and those of your contacts (if you appoint any, see condition 5.2).  This duty includes responding quickly and correctly to any request from us to confirm or correct the information on the register;

4.2  notify us at once about any court proceedings which involve the domain name; and

4.3  notify us of the details of name servers for the domain name which you are allowed to use and which respond promptly and correctly about the domain name at all reasonable times.

Agents, representatives and security

5.  For the security of your domain name we have the following procedures to try to make sure that our instructions come from you or someone allowed to act on your behalf.

5.1  We do not have to take any action, or make any change to the register, until we are satisfied that we have received a valid request from the right person.

5.2  You will help us with our security checks, provide any identification or documentary evidence we reasonably ask for, and allow us to keep copies of those documents for our files.

5.3  If you have an identifier (for example, a password, a token, personal information or a code) to use with us or our systems, you must keep it secret and safe because we will be allowed to assume that any action done or asked for using that identifier or a product of it was done or asked for by you or by someone authorised to act for you. We will be entitled to enforce procedures for dealing with lost, cancelled or insecure identifiers.

5.4  Your agent acts on your behalf in registering and maintaining the registration of the domain name so that, unless the matter relates to something covered by condition 5.6 below, any communication to or from your agent is taken as being to or from you. You should always contact your agent first with any request or question about your domain name or changes to it, as we will only act if we are satisfied that your agent cannot or will not.  Be aware that your agent may be entitled to discounts on our fees so it may be cheaper for you to go through them.

5.5  We may also specify other types of authorised representative or contact whose instructions we will accept in certain cases, what types of instructions they can give us, and whether they can take your place if we need to notify you. If you notify us that you want someone to represent you, you are giving them power to act and us power to act on their instructions and (if this applies) notify them instead of or as well as you.

5.6  We will publish on our website from time to time certain activities which your agent is not allowed to do on your behalf or where we want to deal with you directly (or both).

Fees and payment

6.  We are a not-for-profit organisation so our fees (see our website) reflect the cost of the work we do. To make sure that every person who registers a domain name pays their fair share of the costs of running the central registry, we:

6.1  may make a charge for any of the services we provide under this contract, as long as (where only we can provide the service) we believe the fee is set at a   not-for-profit cost-recovery level only;

6.2  do not have to start any process, including any change to the register, until we (not just your agent) have received (within any time limit) any fee for that action and any other fees that have not been paid for the domain name or things done with it – it is your duty to make sure that we are paid and that there is enough information with the payment to make sure that we know which domain name it relates to;

6.3  may cancel the domain name without further notice if any debt relating to the domain name remains unpaid after the deadline we have set; and

6.4  unless condition 24 or 34 applies, or we have made a significant mistake, will not provide credit notes or refunds.

Your promises and indemnity

7.  By entering into this contract you promise that:

7.1   you (or your agent) have the permission of any person whose personal data is to be held on the register in line with condition 11;

7.2  any identity and contact information you (either yourself or through your agent) send us must be correct;

7.3  you will send us the information needed under condition 7.2 as soon as possible, through your agent if possible, and you will keep them up to date;

7.4  by registering or using the domain name in any way, you will not infringe the intellectual property rights (for example, trademarks) of anyone else;

7.5   you are entitled to register the domain name;

7.6   the alphanumeric characters which constitute the domain name are not proscribed; and

7.7   that you will not use the domain name for any unlawful purpose.

8.  Unless you are a consumer, you will pay us (including the current or past members of our Board of Directors) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that you have broken any of the promises in condition 7.

9.  Our right to rely on the promises in condition 7 and indemnity in condition 8 will continue to be available after the domain name has been registered and will not be affected by the cancellation or transfer of the domain name.

Nature of domain names and the register

10.  A domain name is not an item of property and has no ‘owner’. It is an entry on our register database reflected by our nameservers which we provide as part of this contract. As a result:

10.1  we will not be bound by, or record on the register, any mortgage-related obligations;

10.2  we own and keep all copyright and database rights in the register; and

10.3  you should not rely on the registration or continued registration of the domain name until we confirm that any application you make has completed and  you confirm that your correct name is recorded in the register for the domain name.

Personal data

11.  We will make your personal data available in the following ways, but not release it for any other purpose to any other person. We may:

11.1  include it on the register;

11.2  include it on the WHOIS (which is also available outside the EEA) and PRSS. For these purposes we will publish your name and (unless you are a consumer and choose to opt out) your address, but not your phone or fax number or e-mail address;

11.3  if they ask in writing, give your personal data to people with a legitimate reason for asking for it (based on the exemptions in the Data Protection Act 1998 or similar laws that replace or follow it), including government or law enforcement agencies;

11.4   give your personal data to your current or proposed agent (or both); and

11.5   use it as set out in the DRS policy and DRS procedure.

12.  You may write to us to ask for a copy of the personal data we hold about you, or you can look at the WHOIS, or you can ask your agent.  Please note that if, at any point, we discover that you are not a consumer, we may automatically cancel your opt-out (see condition 11.2) without notifying you.

13.  By registering a domain name you agree to us using your personal data as explained in conditions 11 and 12.

The dispute resolution service

14.  You agree to be bound by:

14.1  the DRS policy and DRS procedure; and

14.2  if there is a dispute, the version of the DRS policy and DRS procedure (available on our website) which applies at the time that proceedings under the dispute resolution service start, until the dispute is over.

15.  We (including in this case our directors, officers, staff of all types and any expert) will not:

15.1  be liable to you or anyone else for anything done or not done in connection with any proceedings under the dispute resolution service, unless the act or lack of action is shown to have been in bad faith; and

15.2  be asked or forced to reveal information or materials which we gained as a result of the informal mediation stage of the dispute resolution service, unless ordered by a court with relevant jurisdiction.

Cancelling or altering the domain name

16.  We may cancel or put the domain name into a special status by notifying you if:

16.1  we receive independent proof that you have provided significantly inaccurate, not correct, unreliable or false contact details (including names), failed to keep your contact details up to date, or failed to give us those details at all;

16.2  you have broken any part of condition 7 or 8;

16.3  the domain name is being used in a way that is likely to endanger any part of the domain name system or our systems and internet connections; or

16.4  you have broken any of the conditions (including the rules, DRS policy and DRS procedure) and (in the case of a matter which it is possible to put right and which is not covered by condition 6.3, 16.1 to 16.3 or 17) you do not put it right within 30 days of us notifying you.

17.  We may (but do not have to) transfer, cancel, alter or amend the domain name, put it in a special status or prevent its renewal:

17.1   on your instructions (including the absence of instructions to renew – see condition 20), or by someone apparently acting for you (see condition 5);

17.2   if we reasonably believe that the contact details on the register for you are so inaccurate or false that we would not be able to notify you of the change;

17.3   if we reasonably believe that the changes to update the register or to correct any error, ambiguity or inaccuracy relating to the domain name registration (including any error in making the domain name available for registration or an error in a previous cancellation of the domain name) would make it more accurate;

17.4   if you withdraw your permission to having your personal data displayed on the WHOIS or PRSS (not including cases where a consumer is using the opt-out);

17.5   to carry out the decision an expert has made under our dispute resolution service; or

17.6   if we receive a complete and valid court order which we or you (or both) must obey, or if not making the changes the court orders would be a contempt of court by us or you.

18.  If you are an individual, this contract will end if you die and the person legally appointed to deal with your assets after you die does not transfer the domain name (either to themselves or someone else) within a year of your death (or the end of their appointment, whichever comes first).

19.  If you are not an individual, this contract will end if you complete a liquidation or disbandment process or otherwise no longer exist, even if (where possible) you are later restored by an official or court order or decision.

Duration, renewal and transfer

20.  Unless ended earlier under this contract or we are given different instructions, we will enter your domain name on the register for two years. Some agents are authorised to enter your domain name on the register for a number of years from one year to ten years. You can ask your agent for further details of this. If we receive your renewal request and fee in the standard format by the deadline we set, and in line with the conditions of this contract generally, you will have the right to enter into a new contract with us on the same standard conditions that we are then offering to people registering new domain names. The specific procedure which applies to renewals is set out on our website, or you can ask your agent.

21.  We may transfer our rights and responsibilities under this contract to anyone else.

22.  If you want to transfer your domain name to someone else, you must, as well as any general requirements in this contract:

22.1  use our current published transfer process; and

22.2  make sure that the person taking over the domain name accepts what remains  of this contract in full.

23.  If you do not transfer your domain name (as needed by condition 22) there will be no valid transfer of this contract and domain name, and no document or agreement attempting or claiming to transfer the domain name or this contract (or both) will have any effect.

24.  If you are a consumer, you may have a right to cancel this contract under the Consumer Protection (Distance Selling) Regulations 2000 or similar laws amending or replacing it. The right must be claimed within seven working days of the start of the services (which include security-check work). If this happens, we will cancel this domain name and provide you or your agent (depending on who paid us) a full refund within 30 days. If we pay your agent, you may still have to get a refund from them.

Exclusions and limitations of liability

25.  Please note the explanation about liability at the beginning of this contract. However, nothing in these terms limits or excludes our liability for fraudulent misrepresentation or death or personal injury caused by our negligence.

26.  By registering the domain name, we are not acknowledging that you have any rights in any words within the domain name, and we are not authorising you to use the domain name as part of a business.

27.  We will not be liable to you whether under contract law, the legal rules about duties to other people (known as the law of ‘tort’) including negligence or otherwise, for:

27.1  any loss of profit, revenue or other type of economic loss (whether direct or indirect);

27.2 loss of business or contracts;

27.3 loss of expected savings or goodwill; or

27.4  any losses which a court categorises as ‘consequential’, or ‘indirect’ arising out of or in connection with the contract, including but not limited to:

27.4.1 any mistake or missing information in the register; and

27.4.2  loss of registration or use, or both (for whatever reason and whether temporary or otherwise), of the domain name.

28.  The law normally implies terms into contracts, but you and we agree that, as far as the law allows, they do not apply to this contract.

29.  Our total liability to you, whether under these conditions or otherwise (including liability for negligence), will be no more than £5,000.

30.  If you are a consumer, conditions 27, 28 and 29 do not apply to you. Your statutory rights are not affected – for information contact your local authority Trading Standards  . Department or your citizens advice bureau.

31.  Conditions 11.1, 18, 19 and 25 to 39 will continue to apply after this contract has ended, even if that happens because we or you end this contract wrongfully.

General

32.  If a court rules that any of these conditions is not valid or cannot be enforced, the other conditions will continue to be valid and enforceable.

33.  This contract does not give you any legal rights against other people who have registered .uk domain names or give other people rights against us for any reason.

34.  The internet is constantly changing and developing. As a result of this, we reserve the right to make reasonable changes to the terms of this contract (including the DRS policy, DRS procedure and rules) at any time during the term of the contract. We will only do so when we have good reason. Unless we are acting because of a legal requirement or a court order, the change will only be made after we have consulted publicly. We will publish a notice in advance (ideally, 30 days in advance) on our website and provide a link from the main page. The changes will apply from the date shown in the notice. You should visit our website regularly to find out about any changes. If you do not agree with any change to the conditions, you may notify us that you want to end the contract in at least 30 days’ time. In this case, we will give you a proportionate refund of the registration for the remaining period.

35.  Our address is Nominet UK, Minerva House, Oxford Science Park, Edmund Halley Road, Oxford, OX4 4DQ, England (phone +44(0)1865 332211, fax +44(0)1865 332299,

e-mail: [email protected]). Our offices are open from 9am to 5.30pm (UK local time) Monday to Friday, except for public holidays.

36.  Except as set out in condition 5.4, or in the DRS policy and DRS procedure, any notice to be given under the contract will:

36.1  be considered to have been served if hand-delivered, or sent by prepaid post, fax or e-mail, to you, your agent or representative (see condition 5.5) at any postal or e-mail address or fax number on the appropriate register entry (if to us, at any of the addresses above); and

36.2  apply from the date it was delivered, or if not delivered the date it was sent or posted.

37.  This contract is a legally binding document. You should read it carefully and make sure that it contains everything you want and nothing you are not prepared to agree to. These conditions, together with the rules, DRS policy and DRS procedure, are the entire contract between you and us for the domain name, and replace all previous contracts, understandings and representations about this domain name, whether spoken or written.

38.  We deal with a large number of domain names and we rely on you or other people to tell us about any changes to your personal information or status. This means that sometimes we continue to list a domain name or accept instructions even after this contract has ended, or should have been ended. Nothing we do, or do not do, during that period stops the contract from ending, stops us from ending it, or acts to create a new contract.

39.  This contract is made under the law of England and any court proceedings must be in the English courts. If you are a consumer in Scotland, Wales or Northern Ireland, we will accept your local law and courts. Enforcement of a court order may be done in any law or court system that is relevant

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