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Domain Name Terms & Conditions
1 Terms & Conditions 1.1 Definitions: “The Agent” includes Abbotsbury Software Ltd (“ASL”), of West Yard Barn, West Street, Abbotsbury, Dorset T/A West Dorset Internet ("WDI") or any party acting on Abbotsbury Software Ltd implicit instructions. "The Customer" includes the person applying for the service or any party acting on the customer's instructions. “Working Days” is defined as Monday to Friday (excluding public bank holidays) 9am – 5pm 1.2 Extent of Contract a) The Agent shall not be liable for failure to perform any obligation under this agreement where this failure was the consequence of Acts of God, War, Civil Disorder, Weather, Fire, Failure or Shortage of Power Supplies, Industrial Disputes, Acts or Omissions of Government, Compliance with Statutory Obligation, or any other abuse beyond the reasonable control of The Agent. b) By using the services offered by The Agent, full acceptance of this contract is assumed, and both parties agree to be bound by its terms. c) This agreement cannot be assigned by the customer to any third party without written agreement from The Agent. None of these terms can be varied without The Agent written consent. The Agent’s Terms and Conditions form an agreement between The Agent and the Customer. If any part of this agreement shall be held invalid or unenforceable, the rest of the agreement shall nonetheless stand. The agreement shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English Courts. 1.3 The Agent’s Responsibilities a) In consideration of the payment referred to below, the Agent will provide the customer with:
c) Given the nature of the Internet, it is impossible to guarantee the bandwidth available between an Agent’s customer and another site elsewhere on the global Internet. This depends upon the bandwidth available at the other site and the bandwidth available on the various circuits over which traffic between the customer and the other site passes. d) The Agent is not responsible for the security of customer equipment connected to the Internet nor for any direct or indirect damage caused by or through connections to the Internet whether to hardware or data nor for any other consequential losses. 1.4 Customer Responsibilities a) The Customer agrees to the following:
a) If The Agent is to set up the customer’s equipment the service commences from the time a suitably qualified ASL engineer visits the premises and proves communications between the customer equipment and the Agent equipment to be working to a satisfactory standard b) If the Customer is to set up his/her own equipment, the Agent will supply all relevant information to the customer in e-mail, fax or by writing. It is then the Customer’s responsibility to maintain their equipment and report any failures in service to a member of the Agent’s Technical Team. 1.6 Period of Service a) These terms and conditions are part of the contract between the Customer and the Agent. The contract is effective from the commencement of Customer Service unless otherwise agreed by the Agent. The agreement shall automatically be renewed thereafter. All renewals will be made on ASL Terms & Conditions & Prices current at the time of the renewal. It shall be terminable as follows :
a) Either party may terminate the agreement on any date after the end of the Initial Term, provided that written notice is given in a period in advance no less than 30 days prior to renewal of service period. b) If the Customer decides to cancel a service provided by the Agent other than Domain Name Registration within the first 30 days, ASL will refund payments made, excluding any set up fee. c) If the Customer decides to a service provided by the Agent other than Domain Name Registration after the initial first 30 days, then ASL retains all payments. d) Once the Domain Name and the Registrant’s details have been entered in the Register of Domain Names as a full registration no refund of fees will be payable by the Agent. e) Notice of termination of contract is to be given in writing by either party, 30 days prior to renewal of service period. f) Either party may terminate the agreement on any date after the end of the initial term, provided written notice is given in a period in advance of no less than 30 days. 1.8 Interruption of Service a) The Agent may either terminate the agreement immediately, by written notice to the Customer at which point the Customer will remain liable for any prior breaches of this agreement, or may suspend the Customer's use of the service, (for up to one month by written notice). On expiry of which the Agent may either then terminate this agreement as above or reinstate the Customer’s use of the service on such reasonable terms as they see fit. b) This applies if the Customer commits any of the following:
1.9 Payment a) Please also refer to our Price list by contacting us on 01305 871543 or visiting our website www.wdi.co.uk/services.phtml b) It is hereby agreed by all parties that:
a) The Agent will not be held responsible for delays caused by data carriers or telephone companies providing local loops, nor for delays caused by the customer or the management of the customer's system, nor for other factors outside of the Agent’s control. 2 Acceptable Use Policy (AUP): ASL services may not be used for any immoral, criminal or other illegal purposes, or for any purposes which violate established practice or protocols on the Internet, nor for purposes which make profligate use of network resources. All of the following are considered unacceptable and ASL reserves the right to terminate without notice the contract with any customer who commits the following abuses of our service. (This termination will be at the sole discretion of ASL.) 2.1 Forgery a) forgery of addresses or other such data in Internet Protocol packets 2.2 Unsolicited Commercial E-mail (Spam) a) Spam, spamdexing or bulk emailing or mail bombing. 2.3 Illegal / Unauthorised Access to Other Computers or Networks: a) attempting to or gaining access illegally ('hacking') to the computers or the network management equipment belonging to ASL or to other Internet providers or to their customer’s computers or networks. This also carries potential criminal penalties. 2.4 Distribution of Internet Viruses, Worms, Trojans and Other Destructive Activities 2.5 Website Content: a) transmission of live audio and video unless agreed with ASL. b) hosting of adult sites unless agreed with ASL. c) hosting of download sites unless agreed with ASL. If the customer hosts a limited number of commercial products for downloads, then copyright laws and software license laws must be adhered to. If the customer is unsure of an item that may be offered for download, please contact ASL and discuss this. 2.6 Copyright Violation a) violation of copyrights held by individuals and corporations or other entities which can also incur civil and/or criminal liabilities, which can involve litigation and loss of reputation. 2.7 Distribution and/or Transmission of Obscene or Indecent Speech or Materials a) publishing or distributing obscene or indecent speech or materials and any violation of indecency and obscenity laws which can also result in criminal penalties. 2.8 Defamation a) use of our facilities to publish or distribute defamatory material. Defamatory speech distributed over the Internet can result in civil liability for the perpetrator and litigation against the ISP whose facilities were used to distribute the defamatory material. 2.9 Hacking a) use of a website to publicise or link to sites with material, links, or resources for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes or participates in the destruction, or compromises the integrity of ASL servers. 2.10 Illegal Download Sites: a) Any customer who uses any illegal website on the Internet (such as Warez) to provide or link to sites offering software. 2.11 End User Policy: a) Customers cannot sublease, sub host, or give away control of any portion of ASL resources. 2.12 Bandwidth a) We are currently able to offer unlimited bandwidth due to the fact that we do not host adult rated sites or offer streaming video or audio facilities. Downloads on customer sites are permitted but we ask you not to abuse the system. If in our opinion you do abuse the system we have the right to terminate your service. In the event that you or your company's download products start to cause a problem on a server, we will contact you in order to propose a solution suitable for both parties. b) The Agent reserves absolutely the right to introduce Bandwidth restrictions if new streaming audio/video services are introduced. However, the Agent will consult with customers to discuss their requirements which The Agent will make every reasonable endeavour to accommodate. 2.13 Other Activities a) Any Customer performing other activities, whether lawful or unlawful, that ASL determines to be harmful to ASL customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet. The service may not be used to cause annoyance, inconvenience, or needless anxiety. Our prices are based on shared services and therefore we cannot allow customers requiring a high level of resources to monopolise a single server. b) Users may not consume system resources beyond a reasonable margin. This includes processing time, disk storage, network activity, etc. User accounts are not limited at present but should ASL wish to limit the size of the customer account restrictions may be formally introduced at a later date. c) ASL reserves the right to change at any time our AUP which is published on the ASL (WDI) website. This is necessary to enable us to react quickly to changes in the Internet or the use of the Internet. Where there is a discrepancy between the AUP in this terms and conditions document and the AUP published on our website, the website version will take priority. d) Complaints about violation of our policies should be referred to Tim Snape, tim@wdi.co.uk. Each complaint will be investigated fully. 3 POP3 E-Mail Accounts Please find below our Terms & Conditions of acceptance of your POP3 Emailing Account. Please also refer to our Price list either by contacting 01305 871543 or visiting www.wdi.co.uk/services.phtml 3.1 ASL agrees as follows: a) To set up the POP3 Emailing Account upon full receipt of the fees and a signed copy of this Terms and Conditions document. All new requests will require payment of the set-up fee and the first payment according to the payment terms laid down in the ASL price list agreed when signing up. Email services may be set up prior to receipt of fees and a signed copy of the Terms & Conditions document at the discretion of ASL. They must however be received within 14 days in order to avoid termination of services. b) All new POP3 Emailing Accounts will be created within two working days. c) Technical Support via telephone and email operate during office hours Monday – Friday, 9am - 5.00pm. 3.2 The Customer agrees as follows: a) to indemnify ASL against any claim that the contents of the email, directly or indirectly infringes the legal rights of any third party. ASL is not responsible for any liability, loss or reasonable costs or expenses, however they may arise, incurred in defending or dealing with such a claim; b) to notify ASL promptly of any failures in the service provided by ASL; c) to comply with the Acceptable Use Policy. d) Users are individually responsible for understanding and respecting the security policies of the systems (computers and networks) they are using. Users are individually accountable for their own behaviour. e) Users are responsible for their account, including, but not limited to, the files contained within their allocated storage. f) User access restrictions may be placed on any or all user accounts if it is determined that an unnecessary load is being placed on the system that prevents normal operations from proceeding. This may include, but is not restricted to, a restriction in log in access during normal business hours. g) Accounts may not be shared for any reason. Passwords should remain secret. h) Breaking into another user's account is strictly prohibited. This includes any methods for determining user passwords, etc. i) Any attempt to disrupt normal computer service is prohibited. j) Users should respect the rights and privacy of other users. Weaknesses in the security of a system are not a license to penetrate or abuse a system. k) Copyrighted and licensed software may not be duplicated or transported by electronic means unless it is explicitly stated that you may do so. When in doubt – DO NOT COPY. l) Users may not take part in obscene, harassing, or otherwise unethical email transmissions. m) If you are using West Dorset Internet as the Outgoing Mail Server (SMTP), then please refer to the following points. If you are using another Internet Service Provider, as your Outgoing Mail Server then please read their appropriate Terms and Conditions. In order to use West Dorset Internet as your Outgoing Mail Server (SMTP) then you need to be using an Internet Access Dialup Account set up by West Dorset Internet. n) Users may not forge email. This includes creating, modifying, executing or re-transmitting any computer program or instructions intended to obscure the true identity of the sender of electronic mail or electronic messages. o) Users may not participate in chain letter email messages. Not only does this annoy other users, but it also wastes network resources. Do not forward email messages to people you don't know. p) The following activities are strictly prohibited: releasing worms, viruses, or any other program with malicious intent. 4 Internet Access Dial Up (Modem & ISDN Access) Please find below our Terms & Conditions of acceptance of your Internet Access Account. If necessary please also refer to our Price list either by contacting 01305 871543 visiting our web site http://www.wdi.co.uk/services.phtml 4.1 ASL agrees as follows: a) All new requests will require payment of the set-up fee and the first payment according to the payment terms laid down in the ASL price list agreed when signing up. Internet Access may be set up prior to receipt of fees and a signed copy of the Terms & Conditions document at the discretion of ASL. They must however be received within 14 days in order to avoid termination of services. b) All new Internet Access Dialup Accounts will be created within three working days. c) Technical Support via telephone and email operate during office hours Monday – Friday, 9am - 5.00pm. 4.2 The Customer agrees as follows: If you are using West Dorset Internet as your Outgoing Mail Server (SMTP) via a West Dorset Internet Dialup Account, ASL have the capability to govern your outgoing emails. Please refer to our Email Policy to find details regarding email transmission. If you are using another email provider then please refer to their appropriate terms and conditions. ASL will not be held responsible for any misuse of service if the customer is using another Outgoing mail Server (SMTP). a) ASL individual dial-up accounts are intended for use by one customer only, multiple log-ins using the same account are prohibited. b) ASL Internet Access accounts are intended for interactive use. Attempts to circumvent the 'idle daemon' or time charges accounting, or attempts to run programs while not logged in by any method, are prohibited. c) Password security is the responsibility of the individual user. ASL assigns passwords to the user at time of set-up. Customers may not share passwords or accounts with others. 5 Domain Name Registrations Please find below our Terms & Conditions of acceptance of your Domain Name Registration. Palso refer to our Price List either by contacting us on 01305 871543 or visiting our web site http://www.wdi.co.uk/services.phtml 5.1 The Agent agrees as follows: a) To consider applications received for a domain name registration / transfer from the Registrant. b) To accept or reject the application for a domain name registration/transfer subject to the rules and regulations of the relevant Registry who administer name applications under that domain & under the laws of the United Kingdom. c) If the Agent, on receipt of the full fees, accepts the application, the Agent will register the relevant details with the Registry to effect a full Domain Name registration/transfer. d) The Agent is entitled to register Domain Names on a “first come, first served basis”, whether or not it has received payment for their registration. e) Until the agent has confirmed the registration, there is no guarantee that the Domain Name applied for will be entered in the Register as such. The Registrant is advised not to take any action in respect of the registration of a Domain Name before it becomes a full registration. f) The Agent will supply DNS service to park the Domain Name free of charge either on servers owned and operated by the Agent or on other third party owned and operated servers. An annual fee will be administered should the registrant wish to host the domain name on the Agent’s Servers. g) The Agent accepts no responsibility for the use of any Domain Name on the register of Domain Names and in particular for any conflict with trademarks, registered or unregistered, or with rights to names in other contexts. h) The Agent will use its reasonable endeavours to ensure that the appropriate details of the Registrant’s registration are correctly entered and maintained in the Register of Domain Names. In no circumstances will the Agent be liable for any loss of profit or business suffered by the Registrant. i) The Agent’s liability to the Registrant under the contract or otherwise for proved liability for negligence is limited to 125% of the registration fees paid in respect of a particular period of registration. j) All registrations remain the property of the Agent until payment has been made in full. The Agent reserves the right to withhold DNS service until all monies owed by the applicant have been received. k) The Agent will not register Domain Names considered by the Agent and at the Agent’s sole discretion to be of an explicit sexual or indecent or racist nature. 5.2 The Registrant agrees as follows: a) The Registrant warrants to the Agent that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes the legal rights of a third party. b) The Registrant warrants to the Agent that the details submitted by the Registrant to the Agent are true and correct, and that future additions or alterations to those details will be true and correct. The Registrant indemnifies the Agent against any claim that the registration of the Domain Name or the manner in which the Domain Name is directly or indirectly used infringes the legal rights of any third party and indemnifies the Agent against the reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim. c) The Registrant indemnifies the Agent against any claim that the contents, information, data, images, sounds or multimedia, of the web site hosted by the Agent, directly or indirectly infringes the legal rights of any third party and indemnifies the Agent against the reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim. d) The Registrant agrees to place only legal & legally acquired content, information, data & images on the Registrant's web site hosted by the Agent, and agrees to remove any material when requested by the Agent where in the Agent's considered opinion the publication of such material may constitute an illegal or libellous act. e) The Registrant accepts that the Registry records of the Domain Name applied for will show some of the details supplied by the Registrant in respect of this Domain Name application. The Registry may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the Domain Name. The actual detail made available by the Registry to a third party is at the discretion of the Registry and the Agent accepts no liability for how this information is made use of by a third party. f) The Agent may cancel a registration or suspend delegation of a name under the following circumstances:
a) The Registrant agrees to these and other relevant Terms and Conditions by subscribing to the service. The contract is effective from the commencement of registrant service unless otherwise agreed by the Agent. The agreement shall automatically be renewed thereafter. All renewals will be made on the Agent’s Terms & Conditions & Prices current at the time of the renewal. Either party may terminate the agreement on any date after the end of the Initial Term, provided that written notice is given in a period in advance no less than 30 days. b) The initial registration period is two years from the date of the application for registration unless otherwise stated. Thereafter, the registration may be renewed indefinitely for further periods of one year, on payment of the renewal fees applicable at the time of renewal and as shown on the Agent’s web site. c) All transfers and renewals will be made on the Agent’s Terms & Conditions & Prices current at the time of the transfer or renewal. 5.4 Transfer &/or Release of a Domain Name to another Agent Providing all outstanding customer debt has been settled with the Agent:
a) Cancellations of Domain Names must be made in writing on company letter headed paper. If notice of cancellation on company letter headed paper is not received, the Registrant will become liable for the annual fee applicable at the time of renewal. b) A Domain Name reverts to the Agent if not paid for and any certificate issued must be signed over as such 5.6 It is hereby agreed by all parties that: a) the Agent is not responsible for the time taken for the Issuing Domain Name Body to issue the DNS details to the Agent; b) all new Domain Names will be registered within 3 working days. Working days are defined as Monday to Friday (except Bank Holidays), 9am – 5.00pm; c) technical Support via telephone and e-mail operates during office hours Monday – Friday (except Bank Holidays), 9am - 5.00pm.; d) the Agent under the terms of this agreement only accepts all Domain Names ordered by the Registrant by either electronic or written means; e) the Agent may assign this contract; f) the Agent may change the terms and conditions of the contract on renewal or transfer of the registration of the Domain Name. 6 Web Hosting 6.1 The Agent agrees as follows: a) To set up the hosting services upon full receipt of the fees. All new requests will require payment of the set-up fee and the first payment according to the payment terms laid down in the Agent price list agreed when signing up. Hosting services may be set up prior to receipt of fees at the discretion of The Agent. The Agent reserves the right to terminate or suspend the service if such fees are not received within 14 days of commence of service. b) All new hosting plans will be created within 2 working days depending of state of domain name registration. Working days are defined as Monday to Friday (excluding public Bank Holidays), 9am – 5pm. c) Technical Support via telephone and email operate during office hours Monday – Friday, (excluding public Bank Holidays), 9am – 5pm. 6.2 Search Engine Position a) The Agent is not responsible for search engine positions and submissions and do not guarantee the domain name to be positioned at the top of the lists after submission. The process undertaken by The Agent to submit sites is automatically processed so the client must show consideration. 6.4 The Customer agrees to: a) indemnify The Agent against any claim that the contents, information, data, images, sounds or multimedia of the web site or server hosted by The Agent directly or indirectly infringes the legal rights of any third party. The Agent is not responsible for any liability, loss or reasonable costs or expenses, however they may arise, incurred in defending or dealing with such a claim; b) notify the Agent promptly of any failures in the service provided by the Agent; c) comply with the Acceptable Use Policies on any academic or research networks accessed via the Agent; d) place only legal & legally acquired content (information, data, images, sounds and multimedia) on their web site hosted by The Agent; e) remove any material when requested by The Agent, where in The Agent's considered opinion the publication on that site is of such material that may constitute an illegal or libellous act. The above does not affect your rights & obligations under the consumer protection laws currently in force, including, but not limited to:
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