Terms & Conditions
Where the context
admits: "We" includes DV8 Media (UK) LTD or any party
acting on DV8 Media (UK) LTD'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 the
computer server equipment operated 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. In consideration of the mutual covenants
herein, the parties agree to the following, which
shall apply during the term of this agreement:
Contents:
1. Domain Name
Registration
1.1 We
make no representation that the domain name you
wish to register is capable of being registered by
or for you or that it will be registered in your
name. 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
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. You shall have no right to bring
any claim against us in respect of refusal to
register a domain name. Any administration charge
paid by you to us shall be non-refundable
notwithstanding refusal by the naming authority to
register your desired
name.
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 We shall not allow the
domain name be transferred away from DV8 Media (UK) LTD, if the domain name registration was made
under a "free domain registration" offer.
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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 You
shall effect and maintain adequate insurance cover
in respect of any loss or damage to data stored on
the Server.
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:
- (a) any material which is unlawful,
threatening, abusive, malicious, defamatory,
obscene, blasphemous, profane or otherwise
objectionable in any way.
- (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 jurisdictio
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.
2.4 We
reserve the right to remove any material which we
deem inappropriate from your web site without
notice. We do not host Warez or illegal MP3
content.
2.5 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.
2.6 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.
2.7 You shall
procure that all mail is sent in accordance with
applicable legislation (including data protection
legislation) and in a secure
manner.
2.8 In the case of an
individual User, you warrant that you are at least
16 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 16
years.
2.9 Any access to other
networks connected to DV8 Media (UK) LTD must comply
with the rules appropriate for those other
networks.
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.
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3.
Resellers
3.1 If you
are or become a reseller of our Services you will
continue to be bound by these terms and
conditions, you will be responsible for ensuring
that your customers are bound by terms and
conditions that adequately reflect and give effect
to these.
3.2 You shall not
incur or purport to incur on our behalf any
liability nor in any way pledge or purport to
pledge our credit or to make any contract binding
on us.
3.3 No default by your
customers shall in any way affect, modify or limit
your obligations under this
Agreement.
3.4 We authorise
you to sell our services under your own brand for
the direct use of your clients only. You may not
permit your clients to resell the services you
provide.
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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. Our Service Level Agreements cover Service
Availability and Uptime
policies.
4.2 We shall have
the right to suspend the Services 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. 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.
If your account is found to have been transferred
to another party, or shows 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.
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5.
Payment
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 be due and payable in advance of our
service provision. We reserve the right to change
pricing at any time although all pricing is
guaranteed for the period of pre
payment.
5.2 Payment is due
each anniversary month, quarter or year following
the date the Services were established until
closure notice is given. If you choose to pay by
credit or debit card you authorise DV8 Media (UK) LTD
to debit your account renewal fees from your
card.
5.3 All payments must be
in UK Pounds Sterling, or US
Dollars.
5.4 If your cheque is
returned by the bank as unpaid for any reason, you
will be liable for a "returned cheque" charge of
£25.00.
5.5 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.
5.6 If an account goes
unpaid for at least seven days, a £10.00 late
payment fee will be
applied.
5.7 If an account
goes unpaid for at least ten days, the account and
its associated services are suspended. A £20.00
charge will be applied upon account reactivation
to cover administration
costs.
5.8 Once an account has
a suspended status, Access to files, databases and
other content is explicitly denied. All files,
databases and other content including the account
itself is permanently deleted after ten days of
account suspension.
5.9 Should
access to files, databases and other content be
required before they are deleted, account
reactivation will be required.
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6.
Termination
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 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 and 6.3.
6.5 No
refunds will be made for unused pre paid
Services.
6.6 We reserve the
right to suspend the Services and/or terminate
this Agreement at any
time.
6.7 You may cancel the
Services at any time.
6.8 You
may be entitled to a complete refund of all fees
paid with the exclusion of domain name
registration, dedicated server and data transfer
fees should You decide to cancel the Services, as
detailed under our Money Back Guarantee Policy.
You will not be entitled to a refund on this basis
if you have previously had an account with DV8 Media (UK) LTD. It may be necessary to with hold refund
under the Money Back Guarantee Policy if the
account has utilised excessive resources, this is
at the sole discretion of DV8 Media (UK) LTD.
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 located on it.
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7. Referral
Scheme
7.1 The Referral
Scheme is open to all DV8 Media (UK) LTD customers,
who have a domain successfully added to the Helm
Control Panel.
7.2 The
Referral Scheme requires cookies to be enabled on
the referred customer's computer in order for any
commission to be applied.
7.3 Any earned commission is added to the appropriate
DV8 Media (UK) LTD account immediately; this
commission can then be used to pay for DV8 Media (UK) LTD services.
7.4 Under no
circumstances may earned commission by exchanged
for cash.
7.5 The current
commission rate can be found in My DV8 Media (UK) LTD. Commission can only be earned on the
referred customer's initial
payment.
7.6 It is not the
reasonability of DV8 Media (UK) LTD to ensure
referral links are correct and
working.
7.7 We reserve the
right to withdraw commission from your account
including but not limited to fraud reasons.
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8.
Indemnity
8.1 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.
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9. Limitation Of
Liability
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, subject always to subclause
8.2.
9.2 Nothing in these
terms and conditions shall exclude our liability
for death or personal injury resulting from our
negligence.
9.3 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.
9.4 In any event no claim shall be brought unless you
have notified us of the claim within one year of
it arising.
9.5 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.
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10.
Revisions
10.1 DV8 Media (UK) LTD reserves the right to revise, amend, or
modify these Terms and Conditions, and any of our
other policies and agreements at any time and in
any manner.
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11.
Notices
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.
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12.
Law
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.
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12.
Headings
13.1 Headings
are included in this Agreement for convenience
only and shall not affect the construction or
interpretation of this Agreement.
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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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