Where the context admits: "We", "Us", "Our" or other identifying terms includes Silkwebs Internet Services Limited of: Worth Corner Business Centre, Turners Hill Road, Crawley, West Sussex, RH10 7SL United Kingdom or any party acting on Silkweb'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:
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 and other services relevant to its use has been received by us
1.5 By purchasing or using a uk domain name you are also bound by the NOMINET UK terms and conditions. These can viewed at Nominet.
1.6 We reserve the right to impose a fee for performing administrative changes to domains.
1.7 In order to offer competitive prices and services we may register domains with other registrants. In which case the registration will only contain the information these other registrants support.
1.8 A 'transfer-out' of a domain from our control will be seen as an immediate cancellation of any hosting, or other, services attached to that domain. No refunds will be made in respect of incomplete use of such services.
1.9 We reserve the right to refuse or charge a fee for mapping domains that have not been registered through us.
1.10 An administration fee of £15+VAT is payable for a transfer-out of a domain name associated to a current service, £35+VAT for out of service domains. Renewal fees for uk domains are also charged at these rates. Two workings days notice is required for the transfer-out of domains.
1.11 As detailed in section 9, the IPR (Intellectual Property Rights) of a domain remain with Us until all registration and other fees relating to the use of the domain have been, and remain, paid in full following initial registration and renewals.
1.12 Any late payment of domain fees or any service related to the domain immediately gives us the right to perform an address change on the domain to our own office.
2. Web Site Hosting, Email and Excessive Bandwidth Usage
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 backup procedures for data stored on the Server. Also 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, pornographic, 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 jurisdiction.
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.
2.3.5 any file you store on the Server will be reachable via a hyperlink from a page on your site.
2.3.6 you will not use any scripts or programs on the server that are deemed insecure in any manner. This specifically includes, but is not resticted to, email scripts that could be misused to send spam or any other illegal, malicious or advertising email.
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, Adult 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 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.
2.9 Any access to other networks connected to our own must comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavor 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.
2.11 Application or Technical level support of any services or products supplied is not included in the fee charged. Support is only given where it can be clearly shown that our service is at fault and is limited to best endeavours. Specifically services such as FrontPage Extensions, PHP, ASP, MySql, SSL, SQL etc. are on an 'as supplied' basis.
2.12 Should your bandwidth consumption exceed the service taken then we may, at our discretion, either invoice you for the additional service at a pro-rata rate for the service in place or bring forward the renewal date for your service. In either case these will be fees that must be paid in full before domain transfer will be made. We make no representation that we will inform you of any bandwidth excesses other than within your next invoice. Bandwidth usage information is clearly available through your Control Panel. As a general rule we will limit your disk space usage to 10% of your monthly bandwidth allowance.
3. Acceptable Use Policy.
3.1 The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
3.2 Our acceptable use policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
3.3 Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses:
(a) Illegality - In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.
(b) Undesirable Content - Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.
(c) Bulk Email - The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.
(d) Misuse Of Resources - Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
3.4 If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.
4. Service Availability
4.1 We shall use our reasonable endeavors 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 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 subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
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 or quoted to you in writing 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 Silkwebs to debit your account renewal fees from your card.
5.3 All payments must be in UK Pounds Sterling. Please note that payments by cheque can take up to 7 working days to clear. You should always inform us if you use this method of paymnet to avoid disruption to your service.
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.
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 and/or implement a late payment fee of £25+VAT per invoice. Items are not considered to have been 'paid' unless they show on our bank statement as cleared. If the bank then subsequently reverses a payment for any reason then it is deemed never to have been paid.
5.6 Where service is suspended or cancelled due to non-payment we reserve the right to utilise the hosting/domain service for advertising in order to retrieve monies outstanding. Alternatively we may put an appropriate non-payment message on the website. In either case, a charge of £25+VAT per account reconnection fee will be payable once payment has been received. No refund for the time period that the account is suspended for will be made or allowed. This will increase to £35+VAT where domain(s) have passed their renewal date.
5.7 Under no circumstances will technical support be provided where there are any amounts overdue for payment.
5.8 Should 'You' state or imply cancellation, request for transfer or any other reduction in services provided by 'Us' then all monies outstanding will become immediatley payable, even where due dates on issued invoices have not yet been reached. This includes services supplied or ordered even where invoices have not yet been issued.
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 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled pro rata refund based upon the remaining period of membership.
6.6 You may cancel the Services at any time. No refunds are possible.
6.7 During the first 30 days of Services, You are 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. You will not be entitled to a refund on this basis if you have previously had an account with us.
6.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
6.9 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.
6.10 We are entitled to cancel your service at any time as long as a minimum of one month's notice has been given to you. We shall offer, where possible, an alternative service or a refund of any incomplete part of the product or service paid for.
7.1 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.
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 subclause 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. Intellectual Property Rights ("IPR") and Copyright Ownership
9.1 Ownership of all domains and website material remains with Us until all relevant fees on all accounts have been settled in full. This principle remains in operation during all periods of support, modifications or enhancements to the website.
9.2 Ownership of visible material on a website passes to the customer when invoices relating to the development of that website have been paid in full, except where that ownership has never been Our own. Such ownership does not include any source material, programs or scripts used in either the construction of the website or that are necessary for its operation. This remains with Us unless previously agreed in writing.
9.3 If at any future date it is discovered that a website has been constructed by Us with material in breach of Copyright or IPR ownership then this is accidental and we will not be held liable. The website owner must immediately remove such material from the website even if it is no longer hosted by us.
10.1 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.
11.1 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.
12.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
13. Entire Agreement
13.1 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.