Where the context admits: "We" or "Us" includes Extendnet Limited or any party acting on Extendnet Limited's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. "Server" means any computer server equipment operated by us or any of our service providers in connection with the provision of the Services. "Network" means any network operated by us or any of our service providers in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us or any of service providers to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
1. Domain Name Registration and Renewals
1.1 We make no representation that any domain name you wish to register or extend the period of registration by way of renewal is capable of being so by or for you at the time you place your order. Orders are accepted on the basis that should the domain name subsequently be found to not be available for registration or renewal then your order will be refunded. Likewise we are unable to guarantee that any domain showing as available at the time of placing your order will still be available for registration at the time the registration request is processed by the registry. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and continued use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those Terms and Conditions and that you comply with them.
Domains registered with Nominet, the UK Internet names organisation, will be registered on your behalf on the understanding that you have read and accept their Terms and Conditions.
You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any registration fees paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.Domain names registrable through different organisations. Domains are registered as part of our wider Internet service provision and, as such, we retain full administrative control of the domain(s) registered on your behalf, ensuring smooth registration and renewal procedures.
In the unlikely event that you have a complaint with our domain services, please contact us so we can try and resolve the issue (we aim to respond to all email requests within 24 hours). If you are then still unsatisfied, please contact the appropriate domain registrar (CentralNIC, Nominet or Total Registrations) who will be able to help you.
1.3 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 such 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.
1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.5 A renewal invoice will be automatically created and made available in your client area 6 weeks (42 days) prior to the next due date. A renewal notice will be emailed to the email address on the account, and it is the registrant's responsibility to make sure their contact details are up to date. If you do not wish to renew a domain name please open a support ticket before the expiry date so the renewal invoice may be cancelled, reminders stopped and the domain and any associated services left to expire.
No domains or services on the renewal invoice will be renewed until full payment has been received.
In the case of Nominet (.uk) domains, on expiry they will then go into a 30 day protected period, after 30 days the domain will be suspended by Nominet and it will go into a 60 day grace period. If you change your mind and still want to retain your domain name, you still can and at the original renewal price. This must be requested by raising a support ticket before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar by Nominet. We are not guarantee the renewal of a domain name after this happens.
1.6 It is your responsibility to ensure you renew your domain on time. We will not be held responsible if your domain registration is either suspended or cancelled by the registry due to non-renewal. We cannot guarantee that any grace period will be allowed by the domain registry and would therefore recommend that domains are renewed before the expiry date.
2. Web Site Hosting And Email
2.1. 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 or damage to any data stored on the Server.
2.2. It is your responsibility to ensure that you maintain local backup copies of your Web Site content, databases and emails. We do not provide user backup / restore services. It is recommended that you set your mail client to regularly check and download to your local system the latest emails for your domain(s).
2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
2.3.1 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.
2.3.2 you will not post, link to or transmit:
2.3.3 you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
2.3.4 you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
Where enabled on your web hosting account, cron jobs should be scheduled to cause as little disruption to other users as possible. Any abuse of this facility will result in the facility being withdrawn.
2.3.5 any file you store on the Server will be reachable via a hyperlink from a page on your site.
2.4 You will not offer use of the services, or any part thereof, provided to you under this agreement either by sale or otherwise to any other party. Services provided under this agreement are for use exclusively by you to host and serve web content and email services for the associated domain(s) for which services are being provided. The hosting and serving of content or email services for any other domain(s), individuals or companies is strictly forbidden.
2.5 We reserve the right to remove any material which we deem inappropriate from your Web Site without notice. We do not host Warez, Adult or illegal MP3 content.
2.6 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 loss, theft or unauthorised disclosure of your password or other security information.
2.7 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 our other customers.
2.8 You shall procure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.9 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
2.10 While we will use every reasonable endeavour 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.
3.1 Under no circumstances are you permitted to resell our services
4. Service Availability
4.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services 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 or any part, process or specific script, at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
4.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you until the appropriate change of ownership fee has been paid. Each international domain change of ownership or IPS tag change for .uk domains required will incur a £10 (excluding VAT) administration fee. Ownership details for .uk domains can only be changed directly with Nominet, the UK Registry. Any services already associated with the domain(s) will automatically be transferred to the new owner.
4.4 If your account is found to have been transferred to another party, or shows other activity in breach of our Terms and Conditions, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
4.5 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.
4.6 We reserve the right to alter or withdraw features of our services at any time. You will always be notified in advance of any changes being made.
4.7 We reserve the right to limit any unlimited feature of the services provided if we consider that excessive use has occurred.
5.1 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 and shall, with the exception of any excess monthly data transfer charges, be due and payable in advance of our service provision. Excess monthly data transfer charges must be paid within 2 days of notification. We reserve the right to change pricing at any time.
5.2 Payment is due at the end of each pre-payment period until closure notice is given. It is your responsibility to ensure you renew your services on time.
A renewal invoice will be automatically created and made available in your client area 6 weeks (42 days) prior to the next due date. No domains or services on the renewal invoice will be renewed until full payment has been received prior to the next due date. Any active domains or services still unpaid 14 days after the due date will be automatically suspended and the renewal invoice cancelled.
We DO NOT store your previous payment details and NEVER automatically process any payments. Payments for domains and services have to be submitted by you each time they become due.
5.3 All fees will be charged in UK Pounds Sterling. Payment can be made securely online by debit / credit card, PayPal or Google Checkout. Alternatively invoices can be paid by direct Bank Transfer (select this method of payment on the view invoice page for full details). Unfortunately because of the increased processing time and fees we DO NOT accept payment by cheque or postal order (any cheques received will be destroyed and not returned). We are unable to accept payment by any other method.
5.4 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 forthwith to suspend the provision of Services to you.
6.1 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.
6.2 If you break any of these Terms and Conditions and/or do not adhere to our Acceptable Use Policy we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.3 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 suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.4 No refunds will be made for Services suspended in accordance with 6.1, 6.2 or 6.3.
6.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. Except where services have been suspend in accordance with 6.1, 6.2 or 6.3, you will be entitled pro rata refund based upon the remaining period of membership.
6.6 If you have not previously used our web hosting services and are not completely satisfied with your new web hosting account within the first 30 days, you may cancel it and receive a refund of the web hosting fees paid.
Any FREE domain(s) included with the hosting will be charged at the normal registration fee and be deducted from the web hosting amount refunded.
It is not possible to cancel domain registrations so any other domain(s) registered and paid for with the hosting will not be eligible for refund.
All domains, FREE or paid for, will remain registered in your name until expiry and can be transferred away at any time.
To claim a refund please raise a support ticket in your client area account within 30 days of your hosting account being activated. If you do have any issues with your hosting account please notify us as soon as possible so we can try and resolve it quickly for you.
6.7 You may cancel the Services at any time. In the event that you request the transfer of your domain to another ISP / host either by registry transfer, IPS tag change (in the case of Nominet registered domains), pointing to a different IP address or by changing the domain name servers then any web hosting and / or email services provided under this Agreement will be immediately terminated. Except in accordance with 6.6, you will not be entitled to any refund for the remaining period of membership.
6.8 There must be a current domain registration with us noted as the registrar or a pending domain transfer to us associated with your web hosting account at all times. If your domain name expires and is not renewed (or is transferred away as in 6.7) then any web hosting and / or email services provided under this Agreement will be immediately terminated. You will not be entitled to any refund for the remaining period of membership.
6.9 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
6.10 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 from our servers.
7.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these Terms and Conditions 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. Limitation Of Liability
8.1 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, subject always to sub clause 8.2.
8.2 Nothing in these Terms and Conditions shall exclude our liability for death or personal injury resulting from our negligence.
8.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
8.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
8.5 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.
9. Privacy and Security
9.1 These Terms and Conditions incorporate our Privacy and Security Policies. Full details can be found at privacy.php.
10.1 Neither this agreement or any rights or obligations hereunder may be assigned or transferred or sub-contracted by you in part or in whole to a third party without our prior consent (not to be unreasonably withheld).
10.2 We reserve the right to assign this agreement in part or in whole to any third party.
11.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
11.2 Any notices relating to the administration of your domains and services will be sent via email to the contact email address specified on your account.
12.1 This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
13.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
14. Entire Agreement
14.1 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.
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