1. Definitions and Interpretations

1.1 In the following terms and conditions:
“Domain Names” the internet domain name(s) that you request us to register on your behalf as part of the Services;
“Order” means the order placed by you on our web site or otherwise for us to provide the Services as detailed in the Order;
“Server” means the servers on which we will store the information that comprises the Website;
"Services" means web hosting, domain name registration and or any other facility or service provided by Name2net to you;
“Spam” means unsolicited e-mail in respect of the sale of products or services or in respect of free downloads of products, services or other information;
"the Registrant" means the person applying for a Domain Name or any party acting on behalf of a registrants instructions;
"the Registry" means the relevant domain names registry;
"we" "us" means Name2net, Suite 1490, 109 Vernon House, Friar Lane, Nottingham, NG1 6DQ
"Website" means the area on the Server allocated by us to you for use by you as a site on the internet;
"you" ”your” means you the customer or any person who makes use of the services through you or on your behalf.
1.2 All users of services provided by us, by use of such services, accept the terms and conditions which follow, irrespective of the mode or manner of ordering employed by you when ordering the services;
1.3 Headings are included in this agreement for convenience only and shall not affect the construction or interpretation of this agreement.
1.4 TLD - top level domain name.



2. Domain Names and Related Services

2.1 We make no representation that the domain name(s) you wish to register is (are) capable of being registered by or for you or the Registrant. You should not assume registration of the Domain Name(s) or Services until you have been notified that it has been registered. We do not accept any liability for any action taken by you or the Registrant before such notification.

2.2 The registration and use of your Domain Name is subject to the terms and conditions of use applied by the relevant naming authority and our registrars as may be amended from time to time. You shall ensure that you are aware of those terms and conditions and that you comply with them. They can be found at:

For .uk domain names Nominet naming authorities terms and conditions:
http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration

For the ICANN terms and conditions - Sponsoring Registrar NetEarthOne:
https://www.icann.org/resources/pages/help/dndr/udrp-en
and
http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
and
https://www.icann.org/resources/pages/benefits-2013-09-16-en
and
https://www.icann.org/resources/pages/educational-2012-02-25-en

For Centralnic domain names the Registrant acknowledges having read and understood and agrees to be bound by Centralinic terms and conditions:
https://www.centralnic.com/support/terms/domains
and of the CentralNic Dispute Resolution Policy, available at:
http://www.centralnic.com/support/dispute

Joker is one of our registrars:
https://joker.com/index.joker?mode=page&page=terms_cond

Netearthone is one of our registrars:
http://www.netearthone.com/support/legal.php

2.3 You shall have no right to bring any claim against us in respect of refusal to register a Domain Name or cancellation of the Domain Name by the relevant naming authority. Any administration charge paid by you to us for registration of the Domain Name, shall be non-refundable notwithstanding refusal by the naming authority to register your desired domain name.

2.4 Subject to subclause 2.3, if we cannot register a Domain Name, you will be refunded the domain registration fee in full, you will not be entitled to any other form of compensation from us.

2.5 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.

2.6 Due to the personalised nature of domain names and the registration process, unfortunately once registered or submitted the Domain Name cannot be cancelled and there can be no refund.

2.7 We give no warranty that your Domain Name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with the Domain Name or which otherwise affects your use of your Domain Name.

2.8 We shall have no liability in respect of the use by you of any Domain Name. Any dispute between you and any other person must be resolved between the parties concerned in any dispute. If any such dispute arises, we shall be entitled at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

2.9 We shall not release any Domain Name to another provider unless full payment for that Domain Name has been received by us. You may not sell the Domain Name for which we have not received payment. You may not transfer ownership of any domain name for which we have not received payment.

2.10 Renewals - The renewal price for any service will be the same as the current price for that service, excluding any special offers.

For our current domain name prices please visit here:
http://www.name2net.co.uk/domain-names/domain-prices

For our current web hosting prices please visit here:
http://www.name2net.co.uk/web-hosting/

Prior to any due date you will be notified by us of any upcoming renewals via email to the contact email address that we have on record for the account. The first renewal reminder will be sent 28 days prior to the renewal date then a further second renewal reminder 14 days prior to the renewal date. If you do not renew the domain name it will no longer be accessible, so any web site or email services associated with it will stop working and it will become available to register by a third party. It is your sole responsibility to keep all contact information up to date in order to receive important notifications and renewal reminders. We will not be held responsible for any loss financial or otherwise of a domain name or any disruption caused due to the third party not receiving renewal notifications sent by us.

2.11 ID Protection - The ID protection service hides the contact details of the actual owner from appearing in the Whois lookup result of the domain name. Registrant acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected domain name will be those designated by the registrar, and any mail received via post at this address would be rejected; any telephone call received at this telephone number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name; the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the registrant, administrative, billing or technical contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual registrant, administrative, billing or technical contact email address. Registrant agrees that we can not guarantee delivery of messages to either the registrant, administrative, billing, technical contact, or customer of a privacy protected domain name and that such message may not be delivered in time or at all, for any reason whatsoever. Registrar and service providers disclaim any and all liability associated with non-delivery of any messages relating to the domain name and this service. Registrant understands that the privacy protection service is only available for certain TLDs. Irrespective of whether privacy protection is enabled or not, registrants are required to fulfill their obligations of providing true and accurate contact information as required by ICANN. ID protection service can be used with new and existing domain name registrations. Where the domain name is a transfer into us the ID protection service will only commence after the transfer of the domain name has been successfully transferred. The customer agrees and understands that in order to transfer the domain name away from us that the ID protection will be disabled to initiate the transfer and that it will stay disabled for the remainder of the transfer process. If the domain name has been transferred away from us the customer will no longer be able to use the ID protection relating to the transferred domain name regardless of when payment for the ID protection was made and the customer further agrees and understands that they will not be refunded for any outstanding period. Registrant understands and acknowledges that registrar in its sole, unfettered discretion, can discontinue providing privacy protection services on the domain name for any purpose, including but not limited to: registrar receives any abuse complaint for the privacy protected domain name, or pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or for the resolution of disputes concerning the domain name, or for any other reason that registrar in its sole discretion deems appropriate to switch off the privacy protection service. Registrant agrees to release, defend, indemnify and hold harmless Name2net, registrar, service providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to the ID privacy protection services provided hereunder.

2.12 Offer - Free domain name. The free domain name offer is limited to one new domain name registration when purchasing our web hosting service (unless the web hosting service is on special offer). Free domain names will be registered for a one year term. This offer does not apply to future renewals of the domain name which can be renewed if required when due for renewal. Offer only applies to the current domain name extensions .uk .co.uk .me.uk .org.uk .net .biz .info .eu .com .org .mobi. When transferring or upgrading a domain name to us the offer of a free domain name does not apply. However, if the domain name that you transfer to us is a non .uk domain name and is a .net .biz .info .eu .com .org or .mobi it will be renewed for a further one year term (see 2.13).

2.13 Offer - Domain name transfer - get one year free registration added to the expiry date of the domain name. When you transfer a domain name to us and purchase our web hosting service (unless the web hosting is on special offer) we will only add a further 1 year registration for free once the domain name has been fully transferred to us. This offer excludes UK domain names. Although we do not charge a transfer fee you may need to check with your current host to see if they charge you a transfer fee. There will be no entitlement to a refund for unused or unwanted web hosting from us.

2.14 Offer - discounts on domain names. Offer does not apply to future renewals of the domain name which can be renewed (if required) at the price stated when it becomes due for renewal. Offer only applies to new registrations of domain names and where stated only applies to the first year of registration. This offer does not apply to transfers, renewals or upgrades.

2.15 Transfers - If your domain name recently expired and was then subsequently renewed through your current web host/provider please wait at least 46 days before transferring your domain name. If you do not wait although we will still add 1 free year to the expiry date of your domain name once the domain transfer has been successful, you may lose the 1 year domain name renewal you just paid to your current web host/provider if you have not waited 46 days to transfer your domain name as advised.

2.16 The domain name transfer may fail if:

the domain name has not been registered for at least 60 days

the domain name has already been transferred within 60 days.

The domain name is due to expire in 14 days or less.

These procedures are defined by ICANN policies, and is bound to the technical standards of the Registries. This does not apply to UK domain names.

2.17 Domains registered with or transferred to NAME2NET, by default are initially set to status 'clientTransferProhibited' (or to the equivalent status of the individual registry, if available). This is to protect the domain from unintended or fraudulent transfers in the interest of the registrant. This domain status has to be removed by the registrant, before a domain can be successfully transferred to another registrar.

2.18 Change of Registrant Change of Registrant (COR) (only ICANN policed generic toplevel domains): Any account holder being the creator or transferor of a domain shall be considered as Designated Agent of the registered name holder (registrant) of a domain. NAME2NET shall be considered as Designated Agent of the registered name holder (registrant) of a domain which makes use of a proxy/privacy service.



3. Web Hosting, Email & SSL

3.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss, disruption or damage to any data stored on the Server.

3.2 You shall effect and maintain adequate backup and insurance cover in respect of any loss, disruption or damage to data stored on the Server.

3.3 You represent, undertake and warrant to us that you will only use the web site for lawful purposes and to promptly inform us if this clause or any sub clause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us that:
3.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
3.3.2 you will not post, link to or transmit or knowingly receive:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
(b) any material containing a virus or other hostile computer program;
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction;
(d) any material which is forbidden by our acceptable use policy which is published on our aup page.
3.3.3 you will not send bulk email whether opt-in or otherwise from our network or servers, nor will you promote a site hosted on our network using bulk email.

3.4 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.

3.5 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to us or our other customers or any other third party.

3.6 You shall procure that all electronic mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

3.7 If you are a personal user, you warrant that you are at least 18 years of age and if you are a company, you warrant that the Services will not be used by anyone under the age of 18 years.

3.8 Any access to other networks connected to us must comply with the rules appropriate for those other networks.

3.9 While we will use reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or any of the Services as a result.

3.10 In the case where you apply for an upgrade to the Services or space is applied for, we do not warrant that we will be able to upgrade all customers or to be able to add additional Services. We also reserve the right to deny upgrades and to remove services.

3.11 You may not by any means consume excessive system resources, including but not limited to processor cycles and memory.

3.12 Any file you store on the Server will be reachable via a hyperlink from a page on the Website.

3.13 We reserve the right to remove any material which we deem inappropriate from your Website without notice. This includes any website's which provide "links to" or "how to" information about any such material. We do not host illegal MP3, Emulators, Roms, Warez or Adult content.

3.14 You have sole responsibility to provide us with up to date contact details and to inform us of any renewals concerning any of our Services. Services will be discontinued if not renewed and any web, email and custom dns settings will need to be reconfigured by the user.

3.15 There is a maximum amount of data transfer for our web hosting services (see current web hosting data transfer). Thereafter, excess data transfer will be charged at a rate of £0.003 per megabyte (MB). We may suspend your account if we deem (in our sole discretion) that the data transfer is excessive.

3.16 Anti virus scanning by us or any other body should always be regarded as a supplementary safeguard. While we will endeavor to use reasonable methods to ensure the integrity of the Service we cannot guarantee that it will guard email or data or Server from any form of corruption by virus and we shall be under no liability for mis-routed or failure of email or damage to any data of any kind. You should always use your own local anti virus based scanning system as well and not rely on this service alone.

3.17 Any Spam protection offered by us could help to reduce the amount of spam received, but this does not guarantee that you will not receive any spam at all.

3.18 SSL Certificates. SSL Certificates are optional extras any subsequent yearly renewals will remain separate to the renewal of the web hosting service. If you do not wish to renew your web hosting service but still require to renew an SSL Certificate for a further 1 year term then this can be paid for separately at the then current price.



4. Website Builder

4.1 The Website Builder is provided free as part of a web hosting service and is therefore not subject to refunds. If you move web hosting provider any website created with the Website builder provided by Name2net will still work, but you will be unable to edit and/or update the website and the Admin Area will become inaccessible.

4.2 Website Builder and Admin Area - The Admin Area of the Website Builder requires you to login, you shall keep secure any identification, password and other confidential information in relation to your Website Builder and shall notify us immediately of any known or suspected unauthorised use of the Website Builder and/or Admin Area or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information. We will not be held responsible or be held liable for any loss or damage caused by failure to comply with this.

4.3 Third Party - Where access to third party services and resources is given for example but not limited to purchasing photographs. You acknowledge and agree that we are not responsible or liable for but not limited to any content, products, advertising and materials available on these websites or for their availability. Further you acknowledge and agree that we are not responsible or liable, indirectly or otherwise, for any damage or loss in relation to the use of such third party websites or resources. Any use, dealings, correspondence or any participation, including but not limited to delivery and payment of any third party goods or services are solely between you and the third party and we shall not be held responsible for any loss or damage incurred as a result.
Further, you acknowledge and agree that we will not be responsible or liable for any loss or damages including but not limited to, use, damages for loss of profits, data loss and damage or loss due to the Website Builder being unusable, terminated, costs of services and goods purchased through the Website Builder, conduct and statements of any third party or any other matter in relation to the Website Builder.
Please ensure that you are aware of any relevant third party terms and conditions and that you comply with them. These are in addition to (not in lieu of) the terms and conditions of this agreement. Access to third party services and resources may be changed, added or deleted fully or in part at any time. Some material provided by any third party may contain adult or mature content for example but not limited to purchasing photographs. In such cases you must be at least 18 years of age to view such material. It is recommended that all minors consult with their parents or guardians in respect of these terms and conditions before using the Website Builder.
Access to the content (including any software) may not be legal by certain persons or in certain countries. Further, you are responsible for compliance with the laws of your jurisdiction in relation to the use of Website Builder and related third party use.
In addition any external links provided by third parties are not endorsed by us or under our control and as such you acknowledge and agree that we are not responsible or liable, indirectly or otherwise, for any damage or loss in relation to the use of such websites or resources. If you decide to access any third party links or download material obtained through the Website Builder or otherwise it is done at your own risk and discretion and you will be solely responsible for any loss or damage.
We make no representations or warranties relating to any third party offered in connection with the Website Builder and expressly disclaim any responsibility or liability. You acknowledge and agree that you will indemnify, defend, hold harmless and protect Name2net from and against any and all claims imposed or incurred by Name2net directly or otherwise from misuse or use of any third party including but not limited to websites, goods, services, activities and transactions.

4.4 Website Usage - We do not endorse and will not be held responsible or liable for any goods, services, transactions, activities or anything whatsoever relating to any website created by the Website Builder or from use directly or indirectly of the Website Builder. You are solely responsible for any dealings business or otherwise relating to your web site and we will not be held responsible or held liable for any loss or damages incurred.

4.5 Code of Conduct - Apart from the content provided by you, you agree not to copy, republish, upload, modify, transmit, license, sell, loan, distribute, create or lease the Website Builder in any way in whole or part and agree that content or other material contained and information presented in the Website Builder and all such websites are subject to trademark, copyright, patent, service marks, trademarks and other laws, other intellectual property of their respective countries and proprietary rights.

4.6 Disclaimer of Warranties - By using the Website Builder you confirm that you have read, understood, acknowledge and agree to be bound by these terms and conditions and general terms and conditions and that you do so at your own risk. We make no warranties, expressed or implied, regarding the Website Builder and contents. This includes but is not limited to it being available and fit for a particular purpose, to the security, completeness, services, text, accuracy, reliability, graphics, links, quality of products, that it will be uninterrupted, error free or that it will meet your expectations. In the event that you are dissatisfied with the Website Builder, terms and conditions or any aspect in relation to the Website Builder your sole remedy is to discontinue using the Website Builder.

4.7 Modifications - We reserve the right to implement modifications or cancel the Website Builder at any time for any reason without prior notice. You agree that we will not be held responsible or liable or accept any liability in respect of but not limited to, loss of any or all data relating to your website or content in the Admin Area. We strongly recommend that you keep regular back-ups of your website. In addition we make no warranty that in the event that data or equipment needs servicing or replacement as a result relating to the Website Builder that we are not liable or responsible for those costs. You acknowledge and agree that at our sole discretion we may alter or modify at anytime in part or whole the terms and conditions at anytime without notice and that we may discontinue, suspend or except modifications in relation to the Website Builder and that we will not be held liable in this event and that continued use of the Website Builder shall constitute your acceptance of the terms and conditions. Further, we may notify you of any alterations or modifications via email at the contact email used for your Client Area and that we will assume no responsibility or liability for failure to receive such email notifications.

4.8 Termination - If the web hosting service is suspended, cancelled, terminated or interrupted for any reason such as non renewal you will no longer be able to use the Website Builder and website. The Website Builder will also be suspended, cancelled, terminated or interrupted on its own or at the same time as the web hosting service and any web site made will cease to function and the Website Builder and Admin Area will become inaccessible. We reserve the right to suspend, cancel or terminate use of the Website Builder at our sole discretion without notice to you for any reason, including but not limited to any violation of these terms and conditions in whole or in part. You acknowledge and agree that we may archive, terminate, deactivate all related files and information and deny access to future use of the Website Builder and web hosting service upon our sole discretion. Further, we will not be held responsible or liable for any suspension, termination by any third party of the Website Builder. By using the Website Builder you confirm your agreement to be bound to all this agreement and our terms and conditions and any violation or inappropriate use will result in immediate suspension or termination of the use of the Website Builder and any website created by the Website Builder will be suspended or deleted.

4.9 General - If in the event that a court of competent jurisdiction holds provision that this agreement in whole or part is invalid, illegal or otherwise unenforceable, the remaining provisions shall not be affected and shall be found to be valid and enforceable to the fullest extent permitted by law. This agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.
The headings and titles of this agreement are for ease of reference and convenience only and shall not be utilised in any way to interpret or construe the agreement of the parties as otherwise set forth herein.


5. Service Availability

5.1 We shall use our reasonable endeavours to make available to you at all times the Server and the services. In the event of a fault in Services, you must report the fault by telephone, telefax or electronic mail to our technical support at the appropriate numbers or email addresses or other such numbers or email addresses that we may from time to time provide. Upon receipt of the fault report, we will take all proper steps without undue delay to correct the fault. We shall not, in any event, be liable for interruptions of Service or downtime of the Server.

5.2 You acknowledge and accept that we may not be able to provide you with all of the Services throughout this Agreement through factors beyond our reasonable control and that in such circumstances we will give you as much notice as reasonably possible if any part of the Services are going to be terminated.

5.3 Where you are not in breach of these terms and we decide to terminate the provision of any part of the Services, we will give you not less than 1 months notice of the termination of that part of the Services or, where we are unable to give 1 months notice through factors beyond our reasonable control, as much notice as we are able in all the circumstances.

5.4 You acknowledge and accept that we are not able to notify all customers individually of the termination of any part of the Services, but where this does occur we shall post a notice in red on the control panel notifying you of such changes and the date on which they will take effect.

5.5 The Services cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this agreement immediately.

5.6 Connection to the Service is via a fixed telecommunications link or dial up connection. This contract, unless specifically stated on the order form, does not include the provision of telecommunications services necessary for connection to the Services.

5.7 We will use all reasonable endeavours to adhere to any dates proposed by either us or you for the provision of Services, however any such date is to be treated as an estimate only and we accept no liability for failure to meet such dates



6. Payment & Charges

6.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted and shall be due and payable in advance of provision of the Services. We reserve the right to change pricing at any time before the Service is paid for.

6.2 All payments must be in UK Pounds Sterling.

6.3 If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.

6.4 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 shall be entitled, but not obliged forthwith, to suspend or remove the provision of Services to you.

6.5 We reserve the right to take legal action regarding outstanding payments.

6.6 Businesses within the EU member states with exception of the UK can be VAT zero rated if Name2net are supplied with a valid VAT registration number.

6.7 Due to administration fees charged to us by the Registry if after registration of a domain name you wish to alter the owners/Registrant name you will be charged an amount equal to a one years renewal fee.

6.8 30 day Money Back Guarantee on all web hosting packages. The 30 day money back guarantee excludes the cost of any domain names either free or purchased with the web hosting service. Any domain names will be deducted from the web hosting refund. The domain names will still remain in your ownership. The 30 day money back guarantee excludes SSL Certificates purchased as they are purchased separately to the web hosting. The 30 day money back guarantee excludes the domain name transfer offer whereby we add one year to the expiry date of the domain name for free, once the domain name has been fully transferred to us. The one year domain name renewal fee will therefore be deducted from the refund. Refunds will be issued to the payment card used to order the web hosting package. Refunds will only be issued within 30 days of purchase of web hosting and will not be given if any of Name2net's terms and conditions, AUP or policies are contravened. The 30 day period begins from the date that the web hosting is purchased. No refunds are available after 30 days. When you upgrade from an existing web hosting package the 30 day money back guarantee does not start from the date of the upgrade but from the date the original web hosting package was purchased on. This guarantee is subject to Name2net's terms and conditions.

6.9 You shall not store, process or transmit any payment card data on our servers. It is advisable to use a third party payment processor such as Sagepay or Worldpay.



7. Indemnity

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the services and the server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this Agreement.



8. Limitation of Liability

8.1 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 to us in respect of the Services which are the subject of any such claim.

8.2 In any event no claim shall be brought unless you have notified us of the claim within three months of it arising.

8.3 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.

8.4 Subject to clause 8.5 below, all conditions, terms, 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 are hereby excluded, to the nomination extent by law.

8.5 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

8.6 We cannot be held accountable for the content of the Website or any other material or information of whatever nature dispersed or accessed through our service.

8.7 We undertake no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.

8.8 We shall take reasonable measures to endeavor to maintain the services, but you will not be eligible for any compensation because of any loss or unavailability of any services we provide as a result of matters beyond our reasonable control.

8.9 We shall not be held responsible or accountable in any way for any loss however caused resulting from any suspension or unavailability of any of our services.



9. Termination

9.1 We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you:

9.1.1 if payment is not received by us for any of the services;
9.1.2 if you break these terms and conditions in anyway;
9.1.3 if you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors;
9.1.4 if you are abusive towards us, or any of our other customers or use the Services in any way that is, in our sole opinion, detrimental to our brand or business values; or
9.1.5 if your actions effect the security or integrity of other users and/or our network or the server.

9.2 No refunds will be made under any circumstances for Services suspended and/or terminated in accordance with 9.1.

9.3 You may cancel any of the Services at any time. You are not entitled to a refund for any unused months of any of the Services. To cancel you must request cancellation of the Services in writing including your account username . We will cancel the Services within 2 working days of receipt of your request.

9.4 Domain Name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances.

9.5 We may terminate this Agreement on giving you not less than 7 days notice in writing.

9.6 Where we terminate this Agreement in accordance with clause 9.5 above, or remove Services in accordance with clause 5.2 or 5.3 above, you will be entitled to a refund of an amount equal to the pro rata proportion of the Services that are terminated from the date of termination to the end of the period for which the Services have been provided.

9.7 On termination of this agreement or suspension of any of the Services we shall be entitled to immediately stop access to the Website and to remove all data located on the Server.

9.8 We reserve the right to suspend or remove sites, without notice if the Website contains any data or other information that is or includes:

9.8.1 pornography,
9.8.2 sex-related merchandising,
9.8.3 infringing trademarks,
9.8.4 any material which is offensive, abusive, indecent, obscene or menacing;
9.8.5 in breach of confidence, copyright, privacy or any other rights;
9.8.6 an annoyance, inconvenience or creates needless anxiety,
9.8.7 other than in conformance with the acceptable use policies of any connected networks and the Internet standards; or
9.8.8 any material which may cause offence in any way and any material containing a virus or other hostile computer program.

9.9 You will use all reasonable endeavors to ensure that the Service is used or includes content that conforms to the laws of England and will not knowingly permit any illegal use or such use that will bring us into disrepute.
9.10 We may suspend or remove sites that if after due warning continues to permit such illegal or disreputable use. If we suspend or remove any Services we can refuse to restore any services until we receive an acceptable assurance from you that there will be no further contravention.



10. Notices

Save as otherwise stated in these terms, 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 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.



11. Matters Beyond Our Reasonable Control

We are not liable for any breach of this Agreement or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of force majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities and failure by other service providers.



12. Whois

12.1 When registering a Domain Name you the user are aware that any information entered as the 'Owners/Registrant Details' will be visible on any full 'whois' lookup/search, this is irrespective of whichever registrar you use to register the Domain Name except in the case where Whois Privacy/ID Protection is active.

12.2 If we are registering a UK domain name on your behalf as an 'Individual' your address details will not be shown on the 'whois' lookup, this does not apply if you register a UK domain name as a business or organisation.



13. Law

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



14. Entire Agreement

14.1 These terms and conditions together with any documents expressly referred to in them, represent the totality of the 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.

14.2 In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this agreement.

14.3 Any agreed variation or alteration to part of these terms and conditions as annexed to this contract will not invalidate the remainder or the whole. This agreement need not be signed. Purchase of any Services is interpreted and deemed as your acceptance of these terms and conditions. We reserve the right to make any changes to our terms and conditions at any time, it is the responsibility of you the user to keep updated. Your statutory rights are not affected.



15. Third Party Rights

The Contracts (Rights of Third Parties) Act 1999 does not apply so as to give to a person who is not a party to this Agreement a right under it.



16. Waiver

No failure or delay by either party in exercising any of its rights under this agreement shall be deemed to be a waiver of that right and no waiver by either party of any breach of this agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.