|
|
Terms and Conditions
|
- Your account is for your personal use only. You must not divulge the
password to any other person, and you should take reasonable precautions to
ensure that it is not discovered by other people.
- Users must not participate in any form of un-solicited bulk e-mailing or
spam.
- To protect your privacy we never distribute your name or e-mail address
to any third parties.
- Data stored on our servers is not guaranteed to be backed up.
- A fee of £19.00 will be charged for transferring your domain away from us to another registrar (this does not apply to name server changes).
- We will use your email address to contact you to inform you when your domain is due for renewal, until the domain is renewed or you have positively informed us that you do not wish to renew with us.
- We shall not be held liable for any loss or damages caused by the use or
misuse, unavailability or removal of services.
- We reserve the right to cancel your account at any time without notice.
- We reserve the right to amend and update these Terms and Conditions at
any time without notice.
- By logging into your account, you are indicating your acceptance of
these Terms and Conditions.
|
|
1. AGREEMENT. In this
Registration Agreement ("Agreement") "you" and "your" refer to each customer,
"we", us" and "our" refer to Acelogic Computing Limited and "Services" refers to the
domain name registration provided by us as offered through Acelogic.com, the
Registration Service Provider ("RSP"). This Agreement explains our obligations
to you, and explains your obligations to us for various Services.
2.
SELECTION OF A DOMAIN NAME. You represent that, to the best of the your
knowledge and belief, neither the registration of the SLD name nor the manner
in which it is directly or indirectly used infringes the legal rights of a
third party and that the Domain Name is not being registered for any unlawful
purpose.
3. FEES. As consideration for the services you have selected,
you agree to pay to us, the applicable service(s) fees. All fees payable
hereunder are non-refundable. As further consideration for the Services, you
agree to: (1) provide certain current, complete and accurate information about
you as required by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). You, by completing and submitting this Agreement represent that
the statements in your application are true.
4. TERM. You agree that
the Registration Agreement will remain in full force during the length of the
term of your Domain Name Registration. Should you choose to renew or otherwise
lengthen the term of your Domain Name Registration, then the term of this
Registration Agreement will be extended accordingly. This Agreement will
remain in full force during the length of the term of your Domain Name
Registration as selected, recorded, and paid for upon registration of the
Domain Name. Should you choose to renew or otherwise lengthen the term of your
Domain Name Registration, then the term of this Registration Agreement will be
extended accordingly. Should you transfer your domain name or should the
domain name otherwise be transferred due to another Registrar, the terms and
conditions of this contract shall cease and shall be replaced by the
contractual terms in force for the purpose of registering domain names then in
force between SLD holders and the new Registrar.
5. MODIFICATIONS TO
AGREEMENT. You agree, during the period of this Agreement, that we may: (1)
revise the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change will be binding and
effective immediately on posting of the revised Agreement or change to the
service(s) on our web site, or on notification to you by e-mail or regular
mail as per the Notices section of this agreement. You agree to review our web
site, including the Agreement, periodically to be aware of any such revisions.
If you do not agree with any revision to the Agreement, you may terminate this
Agreement at any time by providing us with notice by e-mail or regular mail as
per the Notices section of this agreement. Notice of your termination will be
effective on receipt and processing by us. You agree that, by continuing to
use the Services following notice of any revision to this Agreement or change
in service(s), you shall abide by any such revisions or changes. You further
agree to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute
Policy") as amended from time to time. You agree that, by maintaining the
reservation or registration of your domain name after modifications to the
Dispute Policy become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modifications, you may
request that your domain name be deleted from the domain name
database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use your Account Identifier and
Password supplied when you opened your account with us. Please safeguard your
Account Identifier and Password from any unauthorized use. In no event will we
be liable for the unauthorized use or misuse of your Account Identifier or
Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered
a domain name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the Dispute Policy which is incorporated
herein and made a part of this Agreement by reference. The current version of
the Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
8.
DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of
your domain name is challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy in effect at the time of the
dispute. You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. For any dispute, you agree to
submit to the jurisdiction of the courts of The United Kingdom.
9.
ICANN POLICY. You agree that your registration of the SLD name shall be
subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent
with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the
Registry in registering the name or (2) for the resolution of disputes
concerning the SLD name.
10. AGENCY. Should you intend to license use
of a domain name to a third party you shall nonetheless be the SLD holder of
record and are therefore responsible for providing your own full contact
information and for providing and updating accurate technical and
administrative contact information adequate to facilitate timely resolution of
any problems that arise in connection with the SLD. You shall accept liability
for harm caused by wrongful use of the SLD, unless you promptly disclose the
identity of the licensee to the party providing you reasonable evidence of
actionable harm. You also represent that you have provided notice of the terms
and conditions in this Agreement to the third party and that the third party
agrees to the terms of Disclosure and Use of Registration Information
(sections 18 and 19 of this Agreement).
11. ANNOUNCEMENTS. We reserve
the right to distribute information to you that is pertinent to the quality or
operation of our services and those of our service partners. These
announcements will be predominately informative in nature and may include
notices describing changes, upgrades, new products or other information to add
security or to enhance your identity on the Internet.
12. LIMITATION OF
LIABILITY. You agree that our entire liability, and your exclusive remedy,
with respect to any Services(s) provided under this Agreement and any breach
of this Agreement is solely limited to the amount you paid for such
Service(s). We and our contractors shall not be liable for any direct,
indirect, incidental, special or consequential damages resulting from the use
or inability to use any of the Services or for the cost of procurement of
substitute services. Because some countries do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such
countries, our liability is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not limited to: (1) loss or
liability resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data mis-delivery; (3) loss or
liability resulting from acts of God; (4) loss or liability resulting from the
unauthorized use or misuse of your account identifier or password; (5) loss or
liability resulting from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement; (6) loss or
liability resulting from the interruption of your Service. You agree that we
will not be liable for any loss of registration and use of your domain name,
or for interruption of business, or any indirect, special, incidental, or
consequential damages of any kind (including lost profits) regardless of the
form of action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages. In no event
shall our maximum liability exceed fifty (£50.00) British Pounds.
13.
INDEMNITY. You agree to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors and affiliates harmless from all
liabilities, claims and expenses, including without limitation Network
Solutions, Inc., and the directors, officers, employees and agents of each of
them, including attorney's fees, of third parties relating to or arising under
this Agreement, the Services provided hereunder or your use of the Services,
including without limitation infringement by you, or someone else using the
Service with your computer, of any intellectual property or other proprietary
right of any person or entity, or from the violation of any of our operating
rules or policy relating to the service(s) provided. You also agree to
release, indemnify and hold us harmless pursuant to the terms and conditions
contained in the Dispute Policy. When we are threatened with suit by a third
party, we may seek written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances may be considered by us
to be a breach of your Agreement and may result in deactivation of your domain
name.
14. TRANSFER OF OWNERSHIP. The person named as administrative
contact at the time the controlling user name and password are secured shall
be the owner of the domain name. You agree that prior to transferring
ownership of your domain name to another person (the Transferee") you shall
require the Transferee to agree, in writing to be bound by all the terms and
conditions of this Agreement. Your domain name will not be transferred until
we receive such written assurances or other reasonable assurance that the
Transferee has been bound by the contractual terms of this Agreement (such
reasonable assurance as determined by us in our sole discretion) along with
the applicable transfer fee. If the Transferee fails to be bound in a
reasonable fashion (as determine by us in our sole discretion) to the terms
and conditions in this Agreement, any such transfer will be null and
void.
15. BREACH. You agree that failure to abide by any provision of
this Agreement, any operating rule or policy or the Dispute Policy provided by
us, may be considered by us to be a material breach and that we may provide a
written notice, describing the breach, to you. If within thirty (30) calendar
days of the date of such notice, you fail to provide evidence, which is
reasonably satisfactory to us, that you have not breached your obligations
under the Agreement, then we may delete the registration or reservation of
your domain name. Any such breach by you shall not be deemed to be excused
simply because we did not act earlier in response to that, or any other breach
by you.
16. NO GUARANTY. You agree that, by registration or reservation
of your chosen domain name, such registration or reservation does not confer
immunity from objection to either the registration, reservation, or use of the
domain name.
17. DISCLAIMER OF WARRANTIES. You agree that your use of
our Services is solely at your own risk. You agree that such Service(s) is
provided on an "as is," "as available" basis. We expressly disclaim all
warranties of any kind, whether express or implied, including but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service(s) will be uninterrupted, timely, secure, or
error free; nor do we make any warranty as to the results that may be obtained
from the use of the Service(s) or as to the accuracy or reliability of any
information obtained through the Service or that defects in the Service will
be corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done at your
own discretion and risk and that you will be solely responsible for any damage
to your computer system or loss of data that results from the download of such
material and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions entered into
through the Service.
18. INFORMATION. As part of the
registration process, you are required to provide us certain information and
to update us promptly as such information changes such that our records are
current, complete and accurate. You are obliged to provide us the following
information:
i) Your name and postal address (or, if different, that of
the domain name holder);
ii) The domain name being registered
iii) The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the domain
name.
iv) The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the billing contact for the domain name.
Any other information which we request from you at registration is
voluntary. Any voluntary information we request is collected such that we can
continue to improve the products and services offered to you through your
RSP.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you provide
available to ICANN, to the registry administrators, and to other third parties
as ICANN and applicable laws may require or permit. You further agree and
acknowledge that we may make publicly available, or directly available to
third party vendors, some, or all, of the domain name registration information
you provide, for purposes of inspection (such as through our WHOIS service) or
other purposes as required or permitted by ICANN and the applicable
laws.
You hereby consent to any and all such disclosures and use of,
and guidelines, limits and restrictions on disclosure or use of, information
provided by you in connection with the registration of a domain name
(including any updates to such information), whether during or after the term
of your registration of the domain name. You hereby irrevocably waive any and
all claims and causes of action you may have arising from such disclosure or
use of your domain name registration information by us.
You may access
your domain name registration information in our possession to review, modify
or update such information, by accessing our domain manager service, or
similar service, made available by us through your RSP.
We will not
process data about any identified or identifiable natural person that we
obtain from you in a way incompatible with the purposes and other limitations
which we describe in this Agreement.
We will take reasonable
precautions to protect the information we obtain from you from our loss,
misuse, unauthorized access or disclosure, alteration or destruction of that
information.
20. REVOCATION. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to update information
provided to us, or your failure to respond for over fifteen calendar days to
inquiries by us concerning the accuracy of contact details associated with the
your registration shall constitute a material breach of this Agreement and be
a basis for cancellation of the SLD registration.
21. RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse to register or reserve
your chosen domain name or register you for other Services within thirty (30)
calendar days from receipt of your payment for such services. In the event we
do not register or reserve your domain name or register you for other
Services, or we delete your domain name or other Services within such thirty
(30) calendar day period, we agree to refund your applicable fee(s). You agree
that we shall not be liable to you for loss or damages that may result from
our refusal to register, reserve, or delete your domain name or register you
for other Services.
22. SEVERABILITY. You agree that the terms of this
Agreement are severable. If any term or provision is declared invalid or
unenforceable, that term or provision will be construed consistent with
applicable law as nearly as possible to reflect the original intentions of the
parties, and the remaining terms and provisions will remain in full force and
effect.
23. NON-AGENCY. Nothing contained in this Agreement or the
Dispute Policy shall be construed as creating any agency, partnership, or
other form of joint enterprise between the parties.
24. NON-WAIVER. Our
failure to require performance by you of any provision hereof shall not affect
the full right to require such performance at any time thereafter; nor shall
the waiver by us of a breach of any provision hereof be taken or held to be a
waiver of the provision itself.
25. NOTICES. Any notice, direction or
other communication given under this Agreement shall be in writing and given
by sending it via e-mail or via regular mail. In the case of e-mail, valid
notice shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender. In the case of
e-mail notification to us or webmaster@acelogic.com or, in the case of notice to you,
at the e-mail address provided by you in your WHOIS record. Any e-mail communication
shall be deemed to have been validly and effectively given on the date of such
communication, if such date is a business day and such delivery was made prior
to 1:00 p.m. GMT, otherwise it will be deemed to have been delivered on the
next business day. In the case of regular mail notice, valid notice shall be
deemed to have been validly and effectively given 5 business days after the
date of mailing and, in the case of notification to us shall be
sent to:
Acelogic Computing Limited.
Pilgrim's House,
Martin,
Hampshire SP6 3LA,
UK
and in the case of
notification to you shall be to the address specified in the "Administrative
Contact" in your WHOIS record.
26. ENTIRETY. You agree that this
Agreement, the rules and policies published by us and the Dispute Policy are
the complete and exclusive agreement between you and us regarding our
Services. This Agreement and the Dispute Policy supersede all prior agreements
and understandings, whether established by custom, practice, policy or
precedent.
27. GOVERNING LAW. This agreement shall be governed by and
interpretd and enforced in accordance with the laws of United Kingdom,
applicable therein without reference to rules governing choice of laws. Any action
relating to this agreement must be brought in United Kingdom and
you irrevocably consent to the jurisdiction of such courts.
28. INFANCY. You attest that you are of legal age to enter into
this Agreement.
29. ACCEPTANCE OF AGREEMENT. You acknowledge that you
have read this agreement and agree to all its terms and conditions. You have
independently evaluated the desirability of the service and are not relying on
any representation agreement, guarantee or statement other than as set forth
in this agreement.
|
| Previous page | |
