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1
DEFINITIONS
2 DOMAIN NAME REGISTRATIONS
3 WEB SITE HOSTING, EMAIL AND FTP
4 SERVICE AVAILABILITY
5 PAYMENT
6 INTELLECTUAL PROPERTY RIGHTS
7 INDEMNITY
8 TERMINATION
9 LIMITATION OF LIABILITY
10 NOTICES
11 LAW
12 ENTIRE AGREEMENT
1 DEFINITIONS top
"Services" refers to web site design, web site hosting, domain name registration, email and any other service or facility provided by us to you.
"Server"
means the computer server equipment administered 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.
2 DOMAIN NAME REGISTRATIONS top
2.1 We make no claim that the domain name you wish to register is available and capable of being registered by or for you, or that it will be registered in your name. You should therefore not assume registration of any requested domain name until you have been notified by us that it has been registered. Any action taken by you before such notification is undertaken entirely at your risk.
2.2 We remain
the rightful owners of any domain names registered by us and we shall not
release any domain to another provider unless full payment, to cover set transfer
and administrative charges in respect to that domain, have been received by
us.
3 WEB SITE HOSTING, EMAIL AND FTP top
3.1 We make no claim or guarantee as to the accuracy or quality of information received by any person via the Server and we accept no liability for any loss or damage to any data stored on the Server. At least one back-up copy of the web site, as created by NURVCOM, will be maintained in a secure and remote location.
3.2 Where appropriate, you shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
3.3 You undertake and guarantee to us that you will use the web site allocated to you only for lawful purposes. In particular, you confirm that:
3.3.1 you will not use the web site, and any associated facilities (e-mail etc) in any manner which infringes any law or regulation, or which infringes the rights of any third party. Nor will you authorize or permit any other person to do so.
3.3.2 you will not post, link to or transmit;(a) any material which is deemed to be unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or objectionable. (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.
3.3.3 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 unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
3.4 You shall observe the procedures that we may from time to time prescribe and shall make no use of the web site that is detrimental to our other customers.
3.5 You shall ensure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
3.6 In the case of an individual User, you will normally be required to warrant that you are at least 16 years of age. If the User is a company, you will normally be required to warrant that the Services will not be used by anyone under the age of 16 years. This requirement may be waived at our discretion.
3.7 While we
will use every reasonable endeavor to ensure the integrity and security of
the Server, we do not guarantee that the Server will be free from unauthorized
users, hackers or virus programs and we shall be under no liability for non-receipt
or misrouting of email or for any other failure of email.
4 SERVICE AVAILABILITY top
4.1 As Service resellers, we have no control over the performance, availability and reliability of Server hardware and associated equipment. We shall, however, use our reasonable endeavors to make the Server and Services available to you at all times, but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
4.2 We shall have the right to suspend the Services at any time and for any reason, without notice, but if such suspension is expected to last for a significant time, you will be notified of the reason.
4.3 The Services
provided to you, and your account with us, cannot be transferred or used by
anyone other than you without our prior written permission, which will not
be unreasonably withheld. If your account is found to have been transferred
to another party, or shows any 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 PAYMENT top
5.1 All payments must be in U.S. Funds. If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of $25.
5.2 All charges payable by you for the provided Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
5.3 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 forthwith to suspend
the provision of Services to you.
6 INTELLECTUAL PROPERTY RIGHTS top
When applicable,
you shall obtain any and all necessary consents and clearances to enable you
lawfully to make use of all and any intellectual property rights through the
Services, including without limitation, clearance and/or consents in respect
of your proposed domain name.
7 INDEMNITY top
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 this Agreement.
8 TERMINATION top
8.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
8.2 If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith upon written notice.
8.3 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, we shall be entitled to terminate this Agreement forthwith without notice to you and without refund of any advance monies paid for future services.
8.4 On termination
of this Agreement or suspension of the Services we shall be entitled immediately
to block your web site and to remove all data located on it. We shall be entitled
to delete all such data but we may, at our discretion, hold such data for
such period as we may decide to allow you to collect it at your expense, subject
to payment in full of any amounts withstanding and payable to us. We shall
further be entitled to post such notice in respect of the non-availability
of your web site as we see fit.
9 LIMITATION OF LIABILITY top
9.1 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.
9.2 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 that are the subject of any such claim.
9.3 In any event no claim shall be entertained unless you have brought the claim within one year of the incident arising.
9.4 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.
10 NOTICES top
Any notice to
be given by either party to the other may be sent either by e-mail, fax or
U.S. Postal Service 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 e-mail 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 U.S. Postal Service shall
be deemed to be served two days following the date of posting.
11 LAW top
This Agreement shall be governed by and construed in accordance with United States law and you hereby submit to the non-exclusive jurisdiction of the United States courts.
12 ENTIRE AGREEMENT top
These terms and
conditions together with any documents 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. In agreeing to these terms and conditions, 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.
