1.
Domainscape Internet (hereinafter referred to as 'Domainscape)
offers its web hosting and Internet services.
2.
Domainscape may modify the Terms and Conditions on an as needed
basis by updating these pages on the web site. The continued
use by the Customer of Domainscape’s services following each
updated posting shall be deemed to be your acceptance of any
such modification.
3.
The contract between the Customer and Domainscape contains the
following Terms and Conditions which should be read carefully
prior to using the services provided by Domainscape
4.
At Domainscape we are dedicated to providing an all-round top
quality service. The terms and conditions which follow are necessary
to ensure that we may continue to provide the best possible
service to all of our customers whilst at the same time satisfying
our legal and ethical responsibilities. Failure to follow any
term or condition will be grounds for immediate account deactivation
without notice. Domainscape will be the sole arbiter in deciding
what constitutes a violation of any of these provisions. Activity
which results in the suspension or deactivation of an account
will result in a forfeiture of all fees paid. Credible complaints
made regarding abuses of an account will be grounds for immediate
suspension.
5.
The Customer agrees, and shall procure any other party to whom
it passes on any information gained from this web site to agree,
not to alter the presentation or content, reproduce, copy, re-transmit,
disseminate, sell, distribute, publish, broadcast, circulate,
market, licence or commercially exploit the information in any
manner without the express written consent of Domainscape.
6.
Domainscape reserves the right to put the names and other information
of its customers into a computerised directory for internal
use only, unless specific written instructions are received
from the Customer.
7.
The Customer user agrees not to use the information for any
illegal or immoral purposes.
8.
Unless otherwise stated, all rates quoted for services supplied
by Domainscape are inclusive of VAT at the standard rate.
Domain
Name Registration
9.
Domainscape will endeavour to provide a prompt domain name
registration service but will not be liable for any delays in
registration caused by network servers being temporarily closed
down for routine maintenance or repair or by the actions of
any third party involved in the registration of domain names.
10.
The domain name registration period runs for a year from the
date of registration. After this initial period you will be
invoiced prior to the renewal date at a rate of £19.95
for UK renewals (.co.uk/.org.uk) and £24.95 for Global
renewals (.com/.net/.org) to cover naming and maintenance fees
11.
Domainscape registers domain names on a first come first served
basis and until Domainscape has confirmed registration of a
particular name Customers are advised not to take any action
in respect of the registration of a domain name before it comes
a full registration. Once a domain name has been submitted for
registration no refunds will be made by Domainscape.
12.
Domainscape may cancel the registration or suspend the delegation
of a domain name in exceptional circumstances by notice via
email to the applicant or the agent. Exceptional circumstances
include, in particular: where to maintain the registration would
put Domainscape in conflict with statutory obligations or the
terms of a court order, or where the registration or use of
the domain name conflicts with the relevant NIC rules for the
domain and sub-domains in force from time to time.
13.
Domainscape does not accept any responsibility for the use of
any domain name on the register of domain names and in particular
for any conflict with trade marks, registered or unregistered,
or with rights to names in other contexts. A registration certificate
is not intended to be evidence of ownership of the name used
as a domain name.
14.
Domainscape will use its reasonable endeavours to ensure that
the appropriate details of the Customer's registration are correctly
entered and maintained in the register of domain names. All
conditions and warranties, which may be implied (by law or as
a result of prior negotiations) into the contract between Domainscape
and the Customer, are excluded to the extent permitted by law.
In no circumstances will Domainscape be liable for any loss
of profit, business or anticipated savings suffered by the Customer.
15.
The Customer warrants to Domainscape that the details submitted
by the applicant to Domainscape are true and correct, and that
future additions or alterations to those details will be true
and correct.
16.
The Customer warrants to Domainscape 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. The Domainscape remedies under this warranty
will continue to be available after the registration process
and notwithstanding any subsequent surrender, cancellation or
transfer of the registration of the domain name.
17.
The Customer indemnifies Domainscape and its employees 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 (except for claims arising
from Domainscape negligence); and indemnifies them against the
reasonable costs and expenses, however they may arise, incurred
in defending or dealing with such a claim.
18.
Domainscape reserves the right to halt the registration
or transfer/release of a domain name if outstanding monies are
owed to them by the Customer.
Email
19.
"Spamming", or the sending of unsolicited e-mail,
from a server used by Domainscape, or using an email address
or domain that is maintained on an machine used by Domainscape
as reference, is strictly prohibited and will result in immediate
account deactivation. The same applies to inappropriate or bulk
Newsgroup postings. If your use of our services results in any
of our IP addresses being reported to any organisation that
attempts to police and/or monitor abuse of the Internet, such
as an organisation that maintains a list used by third parties
for blocking spam, then this will also be grounds for account
cancellation. The servers that we use may not be used as the
source, intermediary or destination for spam, flames or mail
bombs of any kind. Domainscape reserves the right to charge
a £20 penalty per unsolicited e-mail sent or inappropriate
Newsgroup posting made. In addition, all costs associated with
investigating "Spam" complaints will be charged to
the violating customer.
Hosting
20.
Domainscape reserves the right to suspend or cancel a customer's
access to any or all services provided by Domainscape if Domainscape
considers that the account has been inappropriately used or
otherwise.
21.
Our web hosting accounts are to be used by the primary owner
only. Web hosting account holders are not permitted to resell,
store or give away the web hosting services of their website
to other parties. Web hosting services are defined as allowing
a separate, third party to host content on the owner's web site.
Exceptions to this include ad banners, classified ads, and personal
ads. Domainscape reserves the right to refuse service and /or
access to its servers to anyone.
22.
Domainscape does not allow any of the following content
to be stored on its servers: Illegal Material - This includes
copyrighted works, commercial audio, video, or music files,
and any material in violation of any International, National
or Local law or regulation. Adult Material - Includes all pornography,
erotic images, or otherwise lewd or obscene content. The designation
of "adult material" is left entirely to the discretion
of Domainscape. Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking, password cracking. IP spoofing, etc., and
encrypting of any of the above. Also includes any sites which
provide "links to" or "how to" information
about such material.
23.
Domainscape offers substantial ratios of bandwidth per customer,
however in rare cases Domainscape may find a customer to be
using server resources to such an extent that he or she may
jeopardize our service providers' server performance and resources
for other customers. When a website is found to be monopolising
the resources available Domainscape reserves the right to suspend
that site immediately. This policy is only implemented in extreme
circumstances and is intended to prevent the misuse of our service
providers servers.
Warranties
and Indemnity
24.
Domainscape makes no warranties of any kind, neither express
nor implied, and it shall not be liable, in contract, tort (including
negligence) or otherwise for: (i) any loss of use or loss of
data (ii) any loss of profit, business, contracts, revenues,
or anticipated savings (iii) any punitive, special, indirect,
incidental, consequential or similar damages of any nature whatsoever,
whether foreseeable or not, resulting from any act or omission
on our part or any other person authorised by us in supplying
our services.
25.
The hosting customer agrees that it shall defend, indemnify,
save and hold Domainscape harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
legal fees asserted against Domainscape, its agents, its customers,
officers and employees, that may arise or result from any service
provided or performed or agreed to be performed. The hosting
customer agrees to defend, indemnify and hold harmless Domainscape
against liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise distributed
in connection with server used by Domainscape; (2) any material
supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement
and (4) any defective products sold to customer from server
used by Domainscape
26.
Domainscape disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by Domainscape and its employees
and agents. Domainscape's financial liability is restricted
to the price paid for the service provided. Domainscape reserves
the right to revise its policies at any time.
Security
27.
You are responsible for all use of your accounts and the confidentiality
of your passwords. Should you feel that your password has become
compromised you should contact us immediately. Domainscape will
suspend the account or change access permission upon notification
that your password has been stolen, lost, or otherwise possibly
compromised.
28.
You are solely responsible for the maintenance, integrity and
security of the data you store on the system operated by Domainscape.
We strongly recommend that you do not store files that are important
to you without ensuring that you have adequate backups in your
possession.
29.
Domainscape does not undertake to provide you with any special
Internet security other than the password protection of FTP
or Telnet access to your files. In agreeing to these terms and
conditions you accept that this level of security may well not
be appropriate for confidential and private information. In
the case of such information you are solely responsible for
ensuring that the data is suitably protected, for example by
encryption, digital signatures and so on.
Prices
and Payment
30.
Charges for all services are displayed in Sterling
31.
Unless agreed otherwise all payments for services supplied by
Domainscape shall be made by valid credit or debit card only.
Domainscape does not offer credit accounts and all services
are invoiced and paid in advance
32.
Whether you order quarterly, six monthly or annual billing,
the accounting date is always taken to be the first of the month
without exception.
Renewals
33.
You will receive notification of automatic renewal 14 days prior
to the next renewal date. If you wish to continue your subscription
you need do nothing. We will debit your credit card at the price
in force at the date of renewal for the continuing subscription.
31.
If we have difficulty in processing the credit card payment
- for example if the information we have is out of date -we
will contact you to rectify the problem. However if after a
period of 14 days we are still unable to resolve the situation
we reserve the right to cancel the subscription.
Additional
Bandwidth
32.
If your site is exceptionally busy in terms of server load (for
example if you offer file downloads from your site and this
service is very popular!), you may exceed the monthly traffic
allowance. When this happens we will charge additional traffic
at the rate of 5p per MB
Data
Backup
33.
The Servers used by Domainscape are backed up on a daily basis.
However, this service is intended to supplement rather than
replace your own backups and we can take no responsibility for
any loss of data.
Backups will not necessarily be retained for accounts that have
been cancelled and so any required files should be downloaded
before submitting any cancellation request.
Termination
34.
If you wish to end your subscription please notify us in writing
(E Mail, fax or by letter). Please allow us a minimum of seven
days to act on the request and prevent the renewal from going
through. Termination of a subscription is only possible at the
end of the term - we cannot provide 'pro rata' refunds. Domainscape
reserves the right to terminate accounts where the Terms and
Conditions are being flouted. In extreme cases - and at the
sole discretion of Domainscape - termination will be immediate
and without warning. Accounts which have been terminated will
incur reinstatement charge of £30.00
Refusal
of Service
35.
Domainscape reserves the right to refuse, cancel, or suspend
service at its sole discretion. Additionally, Domainscape reserves
the right to refuse to accept an order for any reason whatsoever,
or for no reason at all, even after your credit card has been
charged for your first month's hosting and/or your domain registration.
If Domainscape should decide to decline your order then it will,
of course, refund your first credit card payment and cancel
any future billing.
Enforceability
35.
In the event that any part of this agreement should prove to
be unenforceable, all other terms and provisions shall remain
in full force and effect.
Acceptance
of these Terms and Conditions
36.
This agreement forms the contract between you, the customer
and Domainscape. These terms and conditions are governed and
construed in accordance with the laws of England and apply to
any other sites and information thereon for which Domainscape
has a commercial interest.
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